Agenda Item No. 1
City of Yucaipa
City Council Minutes
Regular Meeting of August 8, 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 August 8, 2022 at 6:00 PM.
PRESENT: David Avila, Mayor
Justin Beaver, Mayor Pro Tem
Bobby Duncan, Councilmember
Jon Thorp, Councilmember
Ray Casey, City Manager
Jennifer Crawford, Assistant City Manager/City Clerk
David Snow, City Attorney
ABSENT: Greg Bogh, Councilmember
CONVENE CITY COUNCIL
The meeting was opened by Captain Williams with the Pledge of Allegiance led by Sheriff's Explorer Captain Rylan Fernandez.
City Manager Casey reported that one Councilmember was unable to attend the meeting and requested that Council consider moving Agenda Item No. 18 to the meeting of August 22, 2022.
It was Council consensus to move this item to the August 22, 2022, City Council meeting.
SPECIAL PRESENTATIONS
On behalf of the City Council, staff, and the community of Yucaipa, Mayor Pro Tem Beaver presented a Certificate of Recognition to Captain James Williams in appreciation of his outstanding leadership, his unwavering dedication to excellence and honor, and his service to the City of Yucaipa. On behalf of the City Council, staff, and the community of Yucaipa, Mayor Pro Tem Beaver also presented a Certificate of Recognition to Lieutenant Robert Warwick in appreciation of his exemplary service, selfless dedication, and tireless efforts to the City of Yucaipa.
Councilmember Duncan commended Captain Williams and Lieutenant Warwick for their service to the City of Yucaipa and expressed his appreciation, admiration, and respect for all they have done.
Mayor Pro Tem Beaver commended Captain Williams and Lieutenant Warwick for their hard work and extraordinary leadership and stated that we truly are a community because of the public safety aspect that they have helped hone and lead.
Councilmember Thorp thanked Captain Williams and Lieutenant Warwick for their contributions to the community of Yucaipa and noted that they will both be missed.
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Lieutenant Warwick spoke about the partnership with FirstNet and reiterated that the planning stages for the City's first festival at Five Winds included concerns that the location lacked cell phone coverage for first responders, emergency services, attendees, and many other components of the festival that relied on Wi-Fi access. Lieutenant Warwick stated that he developed a partnership with AT&T while he worked in the Public Affairs Division and reached out to Julio Figueroa, Director of External Legislative Affairs. Mr. Figueroa pointed him to FirstNet Consultant Kevin Deep and together they were able to provide cell phone coverage, cell phones, and Wi-Fi hotspots to the City at no cost. Lieutenant Warwick introduced Julio Figueroa and Kevin Deep.
On behalf of the City Council, staff, and the community of Yucaipa, Mayor Pro Tem Beaver presented FirstNet with a Certificate of Appreciation for their participation and services provided for the Five Winds Country Music Festival.
Councilmember Duncan expressed his appreciation to FirstNet for all that they did to help make the Five Winds Country Music Festival a success.
Mayor Pro Tem Beaver commended AT&T and FirstNet for ensuring that public safety and the communication aspect was supported.
Councilmember Thorp thanked FirstNet for partnering with the community of Yucaipa and the Sheriff's Department.
FirstNet recommended that the City embrace a taller cell site to allow all three carriers to be on that cell site to ensure that the audience and first responders will have service.
Mayor Avila concurred with FirstNet's recommendation.
Doug McAllister, Vice -President of Internal Affairs, Frontier Communications, explained that Frontier Communications will be replacing the copper with fiber optic cabling and presented a summary of Yucaipa's project and addressed questions raised by City Council.
PUBLIC COMMENT
Richard Frost, Yucaipa, stated his concerns with dogs running loose in the area of Avenue E between 3rd Street and 4th Street.
Allen O'Neil, Yucaipa, stated his concerns with the landscape surrounding Dunlap Elementary School between Avenue E and 12th and 13th Streets.
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. 2.
3. 4.
SUBJECT: APPROVE SPECIAL MEETING CITY COUNCIL MINUTES OF JULY 11, 2022
RECOMMENDATION: That City Council approve Special Meeting City Council Minutes of July 11, 2022.
SUBJECT: APPROVE REGULAR MEETING CITY COUNCIL MINUTES OF JULY 11, 2022
RECOMMENDATION: That City Council approve Regular Meeting City Council Minutes of July 11, 2022.
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.
SUBJECT: AWARD OF CONTRACTS — 2020/2021 & 2021/2022 MICRO - SURFACING -PROJECT NO. 11154, 2021/2022 STREET PATCHING PROGRAM - PROJECT NO. 11155 AND 2021/2022 CRACK SEALING PROGRAM -PROJECT NO. 11156
RECOMMENDATION: That City Council:
Award and authorize the Mayor to execute a contract and authorize the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, All American Asphalt in the amount of $282,045 for the 2020/2021 & 2021/2022 Micro - Surfacing Program; and
2. Authorize the amounts of $20,677 for construction contract contingency and $7,000 for construction contract administration, staff time and inspection, for a total 2020/2021 & 2021/2022 Micro -Surfacing Program construction budget in the amount of $309,722; and
3. Award and authorize the Mayor to execute a contract and authorize the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder Vance Corporation in the amount of $199,643 for the 2021/2022 Street Patching Program; and
4. Authorize the amounts of $20,000 for construction contract contingency and $2,000 for construction contract administration, staff time and inspection, for a total 2021/2022 Street Patching Program construction budget in the amount of $221,643; and
5. Award and authorize the Mayor to execute a contract, and authorize the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, American Asphalt South. in the amount of $92,070 for the 2021/2022 Crack Sealing Program; and
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6. Authorize the amounts of $5,430 for construction contract contingency and $2,500 for construction contract administration, staff time and inspection, for a total 2021/2022 Crack Sealing Program construction budget in the amount of $100,000; and
7. Approve the plans and specifications prepared for these programs.
5. SUBJECT: AWARD OF CONTRACT — HVAC OPERATIONS AND MAINTENANCE
SERVICES AT VARIOUS CITY -OWNED PUBLIC FACILITIES IN THE CITY OF
YUCAIPA
RECOMMENDATION: That City Council:
1. Approve and authorize the Mayor to execute a contract, and the City Manager, or his designee to administer the terms of the contract, in the annual amount of $33,968 with Allison Mechanical Inc., of Redlands, CA, for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities for FY2022/2023; and
2. Approve and authorize the Mayor to execute a contract, and the City Manager, or his designee to administer the terms of the contract, in the annual amount of $15,000 with Allison Mechanical Inc., of Redlands, CA, for on -call HVAC service and repairs as deemed necessary and authorized by the City as outlined in the HVAC Operations and Maintenance Services at Various City -Owned Public Facilities (Program) specifications for FY2022/2023.
6. SUBJECT: ACCEPTANCE OF CONTRACT WORK— CDBG 4TH STREET DRAINAGE AND SIDEWALK IMPROVEMENTS PROJECT —PROJECT NO. 11095
RECOMMENDATION: That City Council:
1. Accept the contract and extension work completed by I.E. General Engineering, Inc. of Beaumont, CA, in the amount of $177,902.00 for the CDBG 4th Street Drainage and Sidewalk Improvements Project — Project No. 11095; and
2. Approve the final payment for the Project; and
3. Authorize the recordation of the Notice of Completion for the Project.
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK — UPTOWN PARKING LOT TRASH ENCLOSURE COVERS —PROJECT NO. 11046-1
RECOMMENDATION: That City Council:
1. Accept the contract work completed by 4D Surface Management, Inc. of Yucaipa, CA for the Uptown Parking Lot Trash Enclosure Covers — Project No. 11046-1; and
2. Approve the final payment for the project; and
3. Authorize the recordation of the Notice of Completion.
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8. SUBJECT: ACCEPTANCE OF CONTRACT WORK - NEW CITY YARD PROJECT
UNLOAD, ASSEMBLE, & INSTALL/ERECT CITY FURNISHED STEEL BUILDINGS AND INSTALL CONCRETE FOOTINGS/FOUNDATION - PROJECT NO. 11147 RECOMMENDATION: That City Council:
1. Accept the contract work completed by Three Peaks Corporation of Calimesa, California for the New City Yard Project Unload, Assemble, & Install/Erect City Furnished Steel Buildings and Install Concrete Footings/Foundation - Project No. 11147 (Project) in the amount of $511,504.36; and
2. Approve the final payment for the Project; and
3. Authorize the recordation of the Notice of Completion
9. SUBJECT: FINAL PARCEL MAP 19837
RECOMMENDATION: That City Council:
1. Approve Final Parcel Map No. 19837; and
2. Authorize the recordation of the map from Elite Premier Investment, Inc.
10. SUBJECT: RESOLUTION APPROVING THE MASTER AGREEMENT BETWEEN
THE CITY OF YUCAIPA AND THE STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION
RECOMMENDATION: That City Council Adopt Resolution No. 2022-29 approving the Administering Agency -State Agreement for Federally -Funded projects with the State of California Department of Transportation (Caltrans) and the City of Yucaipa and authorizing the Mayor to execute said Agreement, and authorizing the City Manager or the City Engineer to execute subsequent Program Supplemental Agreements to the Master Agreement, Fund Exchange Agreements and/or Fund Transfer Agreements for Federal - Funded projects.
11. SUBJECT: MEMORANDUM OF UNDERSTANDING - S.T.A.R.S. PROGRAM RECOMMENDATION: That City Council approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with Yucaipa-Calimesa Joint Unified School District (YCJUSD) for Expanded Learning Opportunities Program (ELO-P) consistent with AB 130 ELO-P.
12. SUBJECT: MONTHLY TREASURER'S REPORT: MARCH 2O22
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for March 2022.
13. SUBJECT. AUTHORIZING THE USE OF ELECTRONIC SIGNATURES RECOMMENDATION: That City Council:
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1. Approve Resolution No. 2022-45, a resolution authorizing the use of electronic signature on City documents including agreements, resolutions, and ordinances and establish the City of Yucaipa Policy and Procedures for Electronic Signatures; and
2. Find that it is within the City's best interest to waive the formal bid procedures, per Yucaipa Municipal Code Section 2.24.060, for the procurement of electronic signature software; and
3. Authorize the City Manager or his designee to execute an agreement with Docusign, Inc. for the purchase of electronic signature software for the use and acceptance of electronic signatures through a secure platform for a total amount not -to exceed $5,000/annually.
14. SUBJECT: BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: That City Council:
1. Receive and file the 2022 Local Agency Biennial Notice for the City of Yucaipa and the Successor Agency to the Yucaipa Redevelopment Agency; and
2. Review the proposed amendments to the City's Conflict of Interest Code; and
3. Adopt Resolution No. 2022-44, amending the City's Conflict of Interest Code and rescinding Resolution No. 2020-57.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 3-0-1-1 (COUNCILMEMBER BOGH ABSENT; COUNCILMEMBER DUNCAN ABSTAINED), TO APPROVE
CONSENT AGENDA ITEM NO. 1
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE CONSENT AGENDA ITEM NOS. 2 THROUGH 14
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
15. SUBJECT: FISCAL YEAR 2022/2023 COMMUNITY ACTIVITY GRANT IN -KIND
GRANT REQUESTS
RECOMMENDATION: That City Council:
Review and consider the FY 2022/2023 Community Activity Grant Application submitted by The Liberty Lap requesting $736.25 for in -kind support to waive the rental fees for the Yucaipa Community Center Amphitheater and Shelter #2 to celebrate the 2nd Anniversary of the Liberty Lap; and
2. Review and consider the FY 2022/2023 Community Activity Grant Application submitted by Yucaipa Chamber of Commerce requesting $1,773.62 for in -kind support to waive rental fees for the Yucaipa Community Center Banquet Room and the Scherer Senior Center Banquet Room to host a variety of events throughout the year.
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Mayor Avila recused himself from Staff Recommendation No. 2 due to a potential conflict of interest.
DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED, 3-0-2-0 (MAYOR AVILA AND
COUNCILMEMBER BOGH ABSENT), TO APPROVE THE FY 2022/2023
COMMUNITY ACTIVITY GRANT APPLICATION SUBMITTED BY YUCAIPA CHAMBER OF COMMERCE REQUESTING $1,773.62 FOR IN -HIND SUPPORT
TO WAIVE RENTAL FEES FOR THE YUCAIPA COMMUNITY CENTER
BANQUET ROOM AND THE SCHERER SENIOR CENTER BANQUET ROOM TO HOST A VARIETY OF EVENTS THROUGHOUT THE YEAR.
Mayor Avila returned to the dais.
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM BEAVER, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE THE FY 2022/2023 COMMUNITY ACTIVITY GRANT
APPLICATION SUBMITTED BY THE LIBERTY LAP REQUESTING $736.25 FOR
IN -HIND SUPPORT TO WAIVE THE RENTAL FEES FOR THE YUCAIPA COMMUNITY CENTER AMPHITHEATER AND SHELTER #2 TO CELEBRATE THE 2ND ANNIVERSARY OF THE LIBERTY LAP
16. SUBJECT: CASA BLANCA HOUSE ADVISORY COMMITTEE
RECOMMENDATION: That City Council appoint Kandie Cansler (Representative from the Yucaipa Valley Historical Society), Andrea Geyer (At -large), Jonathan Weldy (Property Owner), and the selected City Council Member to the Casa Blanca House Advisory Committee.
DISCUSSION: City Manager Casey presented the Agenda Report.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH
ABSENT), TO APPOINT KANDIE CANSLER (REPRESENTATIVE FROM THE
YUCAIPA VALLEY HISTORICAL SOCIETY), ANDREA GEYER (AT -LARGE),
AND JONATHAN WELDY (PROPERTY OWNER), TO THE CASA BLANCA HOUSE ADVISORY COMMITTEE.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH
ABSENT), TO APPOINT MAYOR AVILA TO SERVE AS THE SELECTED
COUNCILMEMBER AND COUNCILMEMBER DUNCAN TO SERVE AS THE
ALTERNATE SELECTED COUNCILMEMBER TO THE CASA BLANCA
HOUSE ADVISORY COMMITTEE AND TO RETURN TO COUNCIL FOR
REVIEW AS PART OF THE 2023 MEMBERSHIP ON COUNCIL COMMITTEES,
REGIONAL ORGANIZATIONS AND AD -HOC COMMITTEES PROCESS
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POSSIBLE ACTION ON PENDING LEGISLATION
None
DEPARTMENT REPORTS
17. SUBJECT: ANNUAL INVESTMENT POLICY UPDATE
RECOMMENDATION: That City Council:
1. Adopt Resolution No. 2022-46 — Annual Investment Policy Update; and
2. Delegate its investment authority to the City Treasurer for a one year period.
DISCUSSION: Director of Finance Hamilton presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM BEAVER, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE STAFF RECOMMENDATION.
19. SUBJECT: FIRST EXTENSION AND CONTRACT AMENDMENTS — ON -CALL
PROFESSIONAL ENVIRONMENTAL REVIEW SERVICES FOR VARIOUS PUBLIC
AND PRIVATE DEVELOPMENT PROJECTS
RECOMMENDATION: That City Council:
Review and formally direct staff to utilize on -call consultants for Professional Environmental Review Services for the entitlement of private land development projects, and if approved;
2. Award and authorize the Mayor to execute the First Extension and Contract Amendment and the City Manager or his designee to administer the terms of the contract with Dudek in the not -to -exceed amount of $200,000 for providing on -call Professional Environmental Review Services for Various Public and Private Development Projects for FY2022/2023 and FY2023/2024; and
Award and authorize the Mayor to execute the First Extension and Contract Amendment and the City Manager or his designee to administer the terms of the contract with Placeworks, Inc. in the not -to -exceed amount of $100,000 for providing on -call Professional Environmental Review Services for Various Public and Private Development Projects for FY2022/2023 and FY2023/2024; and
4. Award and authorize the Mayor to execute the First Extension and Contract Amendment and the City Manager or his designee to administer the terms of the contract with Rincon Consultants in the not -to -exceed amount of $75,000 for providing on -call Professional Environmental Review Services for Various Public and Private Development Projects for FY2022/2023 and FY2023/2024; and
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and the City Manager or his designee to administer the terms of the contract with CASC in the not -to -exceed amount of $75,000 for providing on -call Professional Environmental Review Services for Various Public and Private Development Projects for FY2022/2023 and FY2023/2024.
DISCUSSION: Planning Manager/City Planner Matlock and 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 THORP, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE STAFF RECOMMENDATION.
20. SUBJECT: 2022 YUCAIPA MUSIC AND ARTS FESTIVAL WRAP-UP RECOMMENDATION: That City Council receive and file the 2022 Yucaipa Music and Arts Festival Wrap-up Report.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After discussion, Council received and filed the report.
21. SUBJECT: AWARD OF CONTRACT — WILSON III BASIN PHASE IC IMPROVEMENTS —PROJECT NO. 10879
RECOMMENDATION: That City Council:
1. Award and authorize the Mayor to execute a contract in the amount $6,095,000 with Borden Excavating Inc. of Calimesa CA. for the Wilson III Basin Phase 1 C Improvements —Project No. 10879; and
2. Approve and authorize the City Manager to execute Contract Change Order No. 1 in the deductive amount of $1,420,000 with Borden Excavating Inc., such that the new contract amount will be $4,675,000; and
3. Approve the amounts of $400,000 for construction contract contingency, $75,000 for construction contract administration, $200,000 for inspection, surveying, materials testing and staff time for a total construction budget in the amount of $5,350,000; and
4. Authorize the City Manager, or his designee, to administer the terms of the contract; and
5. Approve the Plans and Specifications prepared for this project.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report.
After Council discussion, the following Motion was made:
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ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE STAFF RECOMMENDATION.
22. SUBJECT: YUCAIPA FREEWAY CORRIDOR SPECIFIC PLAN UPDATE RECOMMENDATION: That City Council:
Approve and authorize the Mayor to execute Amendment No. 1 to the Professional Services Agreement with PlaceWorks, of Santa Ana, in the increased amount of $290,205 for a total amount of $655,024 and approve the amount of $36,000 for contract contingency for a total budget in the amount of $691,024 to provide professional services for the preparation of the Freeway Corridor Specific Plan Update Subsequent Environmental Impact Report; and
2. Amead the Fiseal Year 2022 2023 Annual Operating budget to at4hafize a budget traftsfef of $24 8,413 inthe -fear of a lean to the Yueaipa Freeway Cor,�Speei Plan Prej in the Gapejeet Ftmd- (Fund 35), fiofn the FY2021/2022 Budget SuTlus (Ne and fepa , the loan; an Amend the Fiscal Year 2022-2023 Annual Operating budget to authorize a budget transfer of $248,413 to the Yucaipa Freeway Corridor Specific Plan Project in the Capital Project Fund (Fund 35), from the FY202112022 Budget Surplus (Net Revenues) where reimbursement agreements from future development revenues related to this project will reimburse the City, thereby reversing this transfer; and (AMENDED)
3. Amend the Fiscal Year 2022-2023 Capital Improvement Program Budget in the Capital Projects Fund (Fund 35) to increase expenditures in the Yucaipa Freeway Corridor Specific Plan Project by $748,413; and,
4. Authorize the City Manager or his designee to administer the terms of the Agreement.
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 THORP, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE STAFF RECOMMENDATION AS AMENDED.
ADJOURN CITY COUNCIL AND CONVENE HOUSING AUTHORITY
City Council adjourned. Housing Authority convened. (Housing Authority proceedings are contained in separate Minutes)
CONVENE JOINT CITY COUNCIL AND HOUSING AUTHORITY
City Council reconvened.
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23. SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA
DECLARING A CITY -OWNED PARCEL LOCATED AT OAK GLEN AND AVENUE
E IN THE CITY OF YUCAIPA TO BE EXEMPT SURPLUS LAND PURSUANT TO THE GOVERNMENT CODE SECTIONS 54221(B)(1) AND 5422(F)(1)(A), FINDING
THE DECLARATION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, TAKING RELATED ACTIONS AND, APPROVE THE EXCLUSIVE NEGOTIATING AGREEMENT - EAGLE 55 YUCAIPA — 8.52-ACRE PARCEL SOUTHEAST CORNER OAK GLEN AND AVENUE E (APN 0318-061-26) 1 u_
That City Council:
1. Adopt Resolution No. 2022-24 declaring, pursuant to Government Code Section 54221 that real property owned by the City located at Oak Glen and Avenue E is exempt surplus land and not necessary for the City's use; and
2. Find that such declaration is exempt from environmental review under the California Environmental Quality Act; and
3. Approve the related actions included in the resolution; and
4. Approve the Exclusive Negotiating Agreement with Eagle Yucaipa 55, LLC to negotiate the potential purchase of City -owned property located at the southeast corner of Oak Glen Road and Avenue E and authorize the City Manager to execute all related documents and make any necessary non -substantive changes.
That Yucaipa Housing Authority:
1. Approve the Exclusive Negotiating Agreement with Eagle Yucaipa 55, LLC to negotiate the potential purchase of City -owned property located at the southeast corner of Oak Glen Road and Avenue E and authorize the City Manager to execute all related documents and make any necessary non -substantive changes.
DISCUSSION: Housing and Economic Development Analyst Miller presented the Agenda Report.
After Council discussion, the following Motions were made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM BEAVER, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE CITY COUNCIL STAFF RECOMMENDATION NOS. 1-4.
ACTION: MOTION BY VICE -CHAIRPERSON AVILA, SECOND BY
COMMISSIONER THORP, CARRIED, 4-0-1-0 (COMMISSIONER BOGH ABSENT), TO APPROVE HOUSING AUTHORITY RECOMMENDATION NO. 1.
ADJOURN THE HOUSING AUTHORITY
Housing Authority adjourned.
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PUBLIC HEARINGS
24. SUBJECT: CASE NO. 22-063/GPA: CITY OF YUCAIPA GENERAL PLAN HOUSING ELEMENT UPDATE (CONTINUED FROM THE 711112022 CITY
COUNCIL MEETING)
RECOMMENDATION: That City Council move to continue the Public Hearing for Case No. 22-063/GPA to the City Council meeting of August 22, 2022.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 24. Planning Manager/City Planner Matlock presented the Agenda Report.
Public Comment
None
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO CONTINUE THE PUBLIC HEARING FOR CASE NO.22-063/GPA TO THE CITY COUNCIL MEETING OF AUGUST 22, 2022.
25. 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 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 determine 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 City Council Minutes
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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. 25. Director of Development Services/City Engineer Preciado presented the Agenda Report.
Public Comment
Property Owner Maria Villegas stated that she obtained another appraisal that came in at a higher value and requested Council consideration of the higher appraisal.
Mayor Avila closed the Public Hearing.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 4-0-1-0 (COUNCILMEMBER BOGH ABSENT), TO APPROVE STAFF RECOMMENDATION.
ANNOUNCEMENTS
Councilmember Duncan stated that the City's recent Joe Nichols performance was a great concert.
Mayor Pro Tern Avila stated that his family attended the concert and had a great time.
City Attorney Snow announced the Closed Session item.
CLOSED SESSION
Conference with Legal Counsel — Anticipated Litigation - Potential initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: one case
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be August 22, 2022, at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
City Council Minutes Page 13 of 13
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