CITY OF
City Council
Housing Authority
Meeting Agenda
September 12, 2022 — 6:00 PM
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd., Yucaipa, California
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENT
CONSENT AGENDA
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. 12 1. SUBJECT: APPROVE COUNCIL MINUTES OF AUGUST 22, 2022 RECOMMENDATION: That City Council approve City Council Minutes of August 22, 2022.
P. 22 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.
P. 24 3. SUBJECT: MONTHLY TREASURER'S REPORT: MAY 2022
RECOMMENDATION: That City Council receive and file the Monthly Treasurer's Report for May 2022.
P.96 4. 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 City Council waive further reading and adopt 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.
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P.172 5. SUBJECT: BIENNIAL REVIEW OF MOBILEHOME RENT STABILIZATION
ORDINANCE AND RESOLUTION
RECOMMENDATION: That City Council waive further reading and adopt Ordinance No. 413, amending Sections 15.20.010, 15.20.020, 15.20.030, 15.20.050, 15.20.060,
15.20.073, 15.20.080, and 15.20.140 of Chapter 15.20 of Title 15 of the Yucaipa Municipal Code ("YMC") Regarding the Mobilehome Rent Stabilization Program and the 2021-2022 Biennial Review
P. 184 6. SUBJECT: 2023 MOBILEHOME PARK ANNUAL REGISTRATION FEE RECOMMENDATION: That City Council adopt Resolution No. 2022-51, rescinding Resolution No. 2021-52 and amending Resolution No. 2011-52 Section 2.0007(B)(C)(D), establishing the 2023 annual registration fee for the enforcement of the Mobilehome Rent Stabilization Ordinance.
P. 190 7. SUBJECT: CHANGE ORDER NO. 2 - LEFT TURN PHASING TRAFFIC SIGNAL MODIFICATION AT VARIOUS LOCATIONS PROJECT — PROJECT NO. 11142 RECOMMENDATION: That City Council:
1. Amend the FY2022/2023 Capital Improvement Program (CIP) by adding the amount of $85,000 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. Approve and authorize the City Manager to execute Change Order No. 2 to the contract with Alfaro Communications Construction Inc. (Contractor) for the Project in the amount of $21,440.21 for the replacement of the damaged concrete traffic signal pole foundation at the intersection of Oak Glen Road and Avenue E for a new proposed revised contract amount of $517,532.20.
P.19s 8. SUBJECT: CHANGE ORDER NO. 1 - PEST MANAGEMENT PROGRAM — PROJECT NO. 11143
RECOMMENDATION: That City Council approve Change Order No. 1 to the contract with Animal Pest Management for the Pest Management Program — Project No. 11143 in the annual amount of $900 ($75/month) for pest management services at Cal Fire/Oak Glen Station No. 555, for a revised annual total contract in the amount of $7,662.
P. 199 9. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 2021/2022 STREET STRIPING PROGRAM - PROJECT NO. 11157
RECOMMENDATION: That City Council:
1. Accept the contract work completed by Superior Pavement Markings, Inc. in the amount of $65,261 for the 2021/2022 Street Striping Program- Project No. 11157; and
2. Authorize the recordation of the Notice of Completion for the project.
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P. 203 10. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 2020/2021 & 2021/2022 STREET REHABILITATION PROGRAMS- PROJECT NO. 11152
RECOMMENDATION: That City Council:
1. Accept the contract work completed by Matich Corporation in the amount of $2,716,221 for the 2020/2021 & 2021/2022 Street Rehabilitation Programs- Project No. 11152; and
2. Authorize the recordation of the Notice of Completion for the projects; and Adopt Resolution No. 2022-53, approving the revised Measure I Five -Year Capital Improvement Plan for FY2021/2022 through FY2025/2026.
P.209 11. SUBJECT: ACCEPT OFFER OF DEDICATION FROM LIVE OAK CANYON INVESTMENTS, LLC LOCATED AT 32303 LIVE OAK CANYON ROAD; APN: 0301- 201-38
RECOMMENDATION: That City Council:
Accept an Offer of Dedication for Road and Utility Purposes from Live Oak Canyon Investments, LLC on APN 0301-201-38; and
2. Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.
P.215 12. SUBJECT: AWARD CONTRACT - TRAFFIC CALMING- INSTALLATION OF ASPHALT SPEED HUMPS AND STRIPING- PROJECT NO. 11177
RECOMMENDATION: That City Council:
1. Award and authorize the Mayor to execute a contract in the amount of $38,400 with Hardy & Harper Paving, Inc., of Lake Forest, CA for the Traffic Calming- Installation of Asphalt Speed Humps and Striping- Project No. 11177; and
2. Approve the amount of $5,000 for construction contract contingency and the amount of $4,000 for construction contract administration/inspection costs for a total construction budget in the amount of $47,400; and
3. Approve the Plans and Specifications prepared for this project.
P.220 13. SUBJECT: FONEL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (BOGH DBA): A DENSITY BONUS AGREEMENT FOR (CASE NO. 21- 034/CUP/DBA/ARC/LUCR) TO ALLOW A 100% INCREASE IN LAND DENSITY AND PERMIT A 32-UNIT SENIOR HOUSING PROJECT ON A 1.97-ACRE PARCEL LOCATED AT 12301 3RD STREET; APN: 0319-351-02
RECOMMENDATION: That the City Council approve the attached Density Bonus Agreement (DBA) for the Bogh Senior Housing Project which will set forth the reporting requirements and covenants that are necessary to ensure that the target senior rental units associated with Case No. 21-034/CUP/DBA/ARC/LUCR remain available as intended by the original density bonus request that was associated with the approved entitlement.
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P. 232 14. SUBJECT: FISCAL YEAR 2023 CALIFORNIA FIRE FOUNDATION GRANT RECOMMENDATION: That City Council accept the Fiscal Year 2023 California Fire Foundation Grant awarded to the Yucaipa Fire Department in the amount of $15,000.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
POSSIBLE ACTION ON PENDING LEGISLATION
P. 247 15. SUBJECT: SENATE BILL 1186 (WIENER) — MEDICINAL CANNABIS PATIENTS'
RIGHT OF ACCESS ACT
RECOMMENDATION: That City Council review and approve a letter of opposition for Senate Bill 1186 (Wiener), the Medicinal Cannabis Patients' Right of Access Act which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses.
DEPARTMENT REPORTS
P. 265 16. SUBJECT: LAW ENFORCEMENT SERVICES
RECOMMENDATION: That City Council approve an amendment to the Law Enforcement Services Contract (Schedule A) between the City of Yucaipa and the San Bernardino County Sheriff's Department, for a total annual service contract in an amount not to exceed $12,627,007, less the annual personnel credit in the amount of $621,182, for a total net contract amount of not to exceed $12,005,825 and allocate an additional $275,569 from Fund-46 State Law Enforcement Grant for Fiscal Year 2022/2023.
P. 270 17. SUBJECT: PURCHASING ORDINANCE, POLICIES AND PROCEDURES RECOMMENDATION: That City Council:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 414, amending portions of Title 2 of the Yucaipa Municipal Code, Chapter 2.24 (Purchasing System); and
2. Adopt Resolution No. 2022-50 electing to opt out of Uniform Public Construction Cost Accounting Procedures; and
3. Approve first reading, by title only, as ready by staff, of Ordinance No. 415 rescinding Ordinance No. 208 related to the Uniform Public Construction Cost Accounting Act.
P.324 18. SUBJECT: CHANGE ORDERS TO DEVELOPMENT SERVICES AND FIRE DEPARTMENT PURCHASES FOR FISCAL YEAR 2021/2022
RECOMMENDATION: That City Council:
1. Authorize the City Manager to approve Change Order No. 1 with Econolite Systems for the Traffic Signal Maintenance Program in the Amount of $21,400 to cover City Council Agenda
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additional costs for necessary traffic signal repairs for a revised total purchase order in the amount of $937.72 for FY2021/2022; and
2. Authorize the City Manager to approve Change Order No. 1 with Allison Mechanical for the HVAC Maintenance Program in the amount of $7,300 to cover additional costs for necessary HVAC repairs for a revised total purchase order in the amount of $41,268 for FY2021/2022; and
3. Authorize the City manager to approve a Change Order with Allstar Fire Equipment for the Self Contained Breathing apparatus (SCBA) Air Pack Harness Testing and Emergency Breathing Safety Systems (EBSS) in the amount of $10,150.88 for required updated equipment for a revised total purchase order in the amount of $30,150.88 for FY2021/2022; and
4. Authorize City Manager to approve a Change Order with Fire Apparatus Solutions for the routine maintenance of engine E552A in the amount of $1,837.34 to Cover additional costs of required repairs to engine E552A for a revised total purchase order in the amount of $26,839.34 for FY2021/2022
P. 326 19. SUBJECT: PROJECT MANAGEMENT SERVICES FOR TYLER MUNIS FINANCE
SYSTEM PHASE III, HUMAN CAPITAL MANAGEMENT PHASE II AND
ENTERPRISE PERMITTING AND LICENSING SOFTWARE PHASE I
IMPLEMENTATION
RECOMMENDATION: That City Council approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with SDI Presence LLC, in the amount of $222,370 for Project Management services for Tyler Munis Finance System Phase III, Human Capital Management Phase II and Enterprise Permitting and Licensing Software Phase I Implementation.
P. 331 20. SUBJECT: FIVE WINDS COUNTRY MUSIC FESTIVAL WRAP-UP RECOMMENDATION: That City Council:
1. Receive and file the Five Winds Country Music Festival Wrap-up Report; and
2. Approve the 2023 Five Winds Country Music Festival.
P.336 21. SUBJECT: REDUCING THE RISK OF FIRES ASSOCIATED WITH HOMELESS
ENCAMPMENTS IN HIGH FIRE HAZARD SEVERITY ZONES
RECOMMENDATION: That City Council:
1. Review the need to prohibit homeless encampments in Very High Fire Hazard Severity Zones; and
2. Direct Yucaipa Fire Department in collaboration with the Yucaipa Police Department to ensure that Very High Fire Hazard Severity Zones remain free of encampments; and
3. Find that the proposed actions are not a project pursuant to the California Environmental Quality Act (CEQA) since they are activities that are excluded from the definition of a City Council Agenda
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project by section 21065 of the California Public Resources Code and section 15378(b) of the State CEQA Guidelines. The proposed actions are organizational or administrative activities of government which will not result in direct or indirect physical changes in the environment. In the alternative, find that the actions are exempt from CEQA as specific actions necessary to prevent or mitigate an emergency pursuant to section 21080(b)(4) and section 15269(c) of the State CEQA Guidelines.
P. 340 22. SUBJECT: EXCLUSIVE NEGOTIATING AGREEMENT — BREWCAIPA LLC— APN 0303-253-41
RECOMMENDATION: That City Council
1. Approve the Exclusive Negotiating Agreement with Brewcaipa, LLC to negotiate the potential purchase of a portion of City -owned property identified as APN 0303-253-41; and
2. Authorize the City Manager to execute the necessary documents to complete the agreement process.
P.353 23. SUBJECT: PICKLEBALL FACILITY UPDATE — YUCAIPA PICKLEBALL FACILITY, YUCAIPA PICKLEBALL COURT DESIGN PROJECT — PROJECT NO. 11150
RECOMMENDATION: That City Council:
1. Approve the revised Conceptual Pickleball Master Plan for the 7th Street Pickleball facility and any revisions deemed appropriate; and
2. Approve Phase I of the 7th Street Pickleball facility and any revisions deemed appropriate.
ADJOURN CITY COUNCIL AND CONVENE HOUSING AUTHORITY
P. 358 HA 1. SUBJECT: APPROVAL OF AUGUST 8, 2022 HOUSING AUTHORITY MINUTES RECOMMENDATION: That the Housing Authority approve Housing Authority Minutes of August 8, 2022.
CONVENE JOINT CITY COUNCIL AND HOUSING AUTHORITY
P. 360 24. SUBJECT: EXCLUSIVE NEGOTIATING AGREEMENT (ENA)- FOUNTAINHEAD SHRUGGED - A PORTION OF APN 0303-131-05 & A PORTION OF APN 0303-131- 63 (NW CORNER OF YUCAIPA BOULEVARD AND 5TH STREET) (YUCAIPA
BUSINESS INCUBATOR CENTER)
RECOMMENDATION: That City Council:
1. Approve the Exclusive Negotiating Agreement (ENA) with Fountainhead Shrugged to negotiate the potential purchase of City -owned property located at Northwest corner of Yucaipa Blvd and 5th Street and authorize the City Manager to execute all related documents and make any necessary non -substantive changes; and City Council Agenda
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That the Housing Authority Board:
1. Approve the Exclusive Negotiating Agreement (ENA) with Fountainhead Shrugged, LLC to negotiate the potential purchase of City -owned property located at the Northwest corner of Yucaipa Blvd and 5th Street and authorize the Executive Director to execute all related documents and make any necessary non -substantive changes.
ADJOURN THE HOUSING AUTHORITY
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
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.376 25. SUBJECT: CASE NO. 22-063/GPA: CITY OF YUCAIPA GENERAL PLAN HOUSING ELEMENT UPDATE (CONTINUED FROM THE 812212022 CITY
COUNCIL MEETING)
RECOMMENDATION: That the City Council conduct a public hearing and review the Planning Commission's recommendation to:
1. Approve first reading, by the title only, as read by staff, of Ordinance No. 407, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa to include the change the land use designation for a property located at the southeast corner of Oak Glen Road and Avenue E; and
2. Adopt Resolution No. 2022-20, adopting the 6th Cycle Housing Element Update to the General Plan; and
3. Adopt an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and
4. Adopt the Findings as contained in the Agenda Report and related Ordinances and Resolutions; and
5. Direct staff to file a Notice of Determination subsequent to certification of the Addendum City Council Agenda
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to the 2016 General Plan Environmental Impact Report; and,
6. Authorize and direct the City Manager and Planning Manager/City Planner to make any technical or clerical revisions of clarifications to the Housing Element as may be required by HCD in order to obtain a finding of substantial compliance with State law P.401 26. SUBJECT: CASE NO. 21-045/GPA/LUCR/MJV/DBA/ARC (RIVERWALK SENIOR DEVELOPMENT): A MINOR GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION OF A PROPERTY FROM RM-72C (MULTIPLE RESIDENTIAL) TO RM-24 (HIGH DENSITY MULTIPLE RESIDENTIAL), A DENSITY BONUS AGREEMENT (DBA) TO QUALIFY FOR A 25% INCREASE IN
LAND DENSITY, A LAND USE COMPLIANCE REVIEW WITH ARCHITECTURAL REVIEW TO CONSTRUCT A 150-UNIT, THREE STORY, AGE -RESTRICTED SENIOR HOUSING COMPLEX FOR INDIVIDUALS WHO ARE 55 YEARS AND OLDER, WITH TWO (2) MONUMENT SIGNS AT THE ENTRANCE OF THE 5-ACRE SITE, AND TWO (2) MAJOR VARIANCES TO ALLOW FOR A TOTAL OF EIGHTY (80) PERCENT OF THE 150-UNITS TO BE 1-BEDROOM IN LIEU OF THIRTY-FIVE (35) PERCENT, AND FOR ONE (1) BEDROOM UNITS TO PROVIDE SEVENTY-SIX (76) SQUARE FEET OF PRIVATE OPEN SPACE IN LIEU OF THE ONE HUNDRED FIFTY (150) SQUARE FEET REQUIRED FOR GROUND FLOOR UNITS AND THE ONE HUNDRED (100) SQUARE FEET REQUIRED FOR ABOVE GROUND UNITS, LOCATED AT 12836 3RD STREET, APN: 0319-112-03.
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Adopt Resolution No. 2022-40, approving the minor General Plan Amendment / Land Use District Change of a single parcel (APN: 0319-112-03) from RM-72C (Multiple Residential) to RM-24 (High Density Multiple Residential); and
2. Approve first reading, by the title only, as read by staff, of Ordinance No. 411, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
3. Approve Density Bonus Request and Land Use Compliance Review No. 21-045, and Variances subject to the Conditions of Approval as contained in this Agenda Report; and
4. Adopt the Findings as contained in this Agenda Report; and
5. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation measures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and
6. Direct staff to file a Notice of Determination; and,
7. Review, and if it is considered acceptable, approve the architectural design and conceptual landscaping for the proposed Project.
P. 482 27. SUBJECT: PREMIUM LAND DEVELOPMENT ON BEHALF OF YUCAIPA 52, LLC - (CASE NO. 22-122/APP) AN APPEAL OF THE PLANNING COMMISSION City Council Agenda
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RECOMMENDATION OF DENIAL OF CASE NO. 20-136/PDP/FDP/TTM 20375, A
PLANNED DEVELOPMENT PROJECT THAT INCLUDES A PRELIMINARY DEVELOPMENT PLAN AND TENTATIVE TRACT MAP (TTM 20375)/FINAL
DEVELOPMENT PLAN FOR THE PROPOSED SERRANO ESTATES PROJECT, WHICH WILL ESTABLISH 51 SINGLE FAMILY RESIDENTIAL LOTS ON PARCELS GREATER THAN 12,000 SQUARE FEET, SEVERAL LETTERED LOTS FOR WATER QUALITY BASINS, AND A 27-ACRE REMAINDER LOT THAT WOULD INCLUDE SPACE FOR VINEYARDS AS WELL AS 13 ACRES OF
PERMANENT OPEN SPACE, LOCATED ON THREE EXISTING PARCELS TOTALING 52 ACRES ALONG THE EAST SIDE OF YUCAIPA RIDGE ROAD
DIRECTLY SOUTH OF THE CITY LIMITS TO UNINCORPORATED SAN BERNARDINO COUNTY. APNS: 0320-161-08, 09, AND 28
RECOMMENDATION: That City Council conduct a public hearing and consider the appeal request regarding the Planning Commission's recommendation of denial of the Serrano Estates' Planned Development Project. Should the City decide to accept the Planning Commission's recommendation and deny the Project, the following motion is provided:
1. Deny the appeal request and adopt Resolution 2022-47 denying Preliminary Development Plan for the Serrano Estates Project; and
2. Deny Final Development Plan/Tentative Tract Map No. 20375 (Case No. 20- 136/FDP/TTM 20375), as inconsistent with the Development Code (as there would be no PDP); and
3. Adopt the Findings for denial as contained in this Agenda Report; and
4. Find the Project is exempt from CEQA pursuant to Sections 15061(4) and 15270 of the CEQA Guidelines.
As part of the denial, the City Council can also provide feedback on the PDP standards to allow the applicant to make changes to the Project that may be ultimately supported, and this direction would be included as part of the review of a new and amended Project for the consideration of the Planning Commission and City Council.
If the City Council decides to approve the Project, the following motion is provided:
1. Approve the appeal request and adopt Resolution No. 2022-47, approving a Preliminary Development Plan for the Serrano Estates Project; and
2. Approve Final Development Plan/Tentative Tract Map No. 20375 (Case No. 20- 136/FDP/TTM 20375), subject to the Conditions of Approval as contained in this Agenda Report; and
3. Adopt the Findings as contained in this Agenda Report; and City Council Agenda
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4. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation measures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and
5. Direct staff to file a Notice of Determination.
The City Council also has the discretion to amend the Project in whole or in part, and can make revisions, subject to concurrence with the applicant, to provide a project that would meet the required findings for approval.
ANNOUNCEMENTS
ADJOURNMENT
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