Agenda Item No. 1
City of Yucaipa
City Council Minutes
Regular Meeting of September 12, 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 September 12, 2022, at 6:00 PM.
PRESENT: David Avila, Mayor
Greg Bogh, Councilmember
Bobby Duncan, Councilmember
Jon Thorp, Councilmember
Ray Casey, City Manager
Jennifer Crawford, Assistant City Manager/City Clerk
Amy Greyson, Assistant City Attorney
ABSENT: Justin Beaver, Mayor Pro Tern
CONVENE CITY COUNCIL
The meeting was opened by Captain Landen with the Pledge of Allegiance led by Pickleball Ambassador and former Councilmember Diane Smith.
City Manager Casey requested that Agenda Item No. 17 be removed from the Agenda and brought back to Council at a future City Council meeting and announced that a revised Agenda Item No 24 was distributed to Council and made available to the public.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY COUNCILMEMBER DUNCAN, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO REMOVE AGENDA ITEM NO. 17 FROM THE AGENDA AND TO BRING THE ITEM BACK TO COUNCIL AT A FUTURE CITY COUNCIL MEETING.
PUBLIC COMMENT
Richard Frost, Yucaipa, stated his concerns with the Omnitrans transit system and the impact of over -crowding conditions due to the number of student riders that utilize Omnitrans.
Irene P. stated her concerns with the negative impacts that 5G, wireless, cell towers and LED lighting have on nature and the environment.
Jo Sutt, Yucaipa, stated that there will be a few years to assess how the recent biennial review of the City's Mobilehome Rent Stabilization Program will affect park residents and owners. Ms. Sutt spoke about the conditions of various mobilehome parks, and the tenants living in the parks and encouraged Councilmembers to attend "meet and greet" gatherings at various mobilehome parks.
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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 AUGUST 22, 2022
RECOMMENDATION: That City Council approve City Council Minutes of August 22, 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: MONTHLY TREASURER'S REPORT: MAY 2022
RECOMMENDATION: That City Council receive and file the Monthly Treasurer's Report for May 2022.
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.
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
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), City Council Minutes Page 2 of 19
https://yucaipa.sharepoint.com/sites/generalservices/shared documents/general services city clerk/@ city clerk files/minutes & excerpts/minutes/2022/city council/20220912.docx 10 establishing the 2023 annual registration fee for the enforcement of the Mobilehome Rent Stabilization Ordinance.
7. SUBJECT: CHANGE ORDER NO. 2 - LEFT TURN PHASING TRAFFIC SIGNAL MODIFICATION AT VARIOUS LOCATIONS PROJECT — PROJECT NO. 11142 RECOMMENDATION: That City Council:
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.
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.
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.
10. SUBJECT: ACCEPTANCE OF CONTRACT WORK — 2020/2021 & 2021/2022 STREET REHABILITATION PROGRAMS- PROJECT NO. 11152
RECOMMENDATION: That City Council:
l . 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
3. Adopt Resolution No. 2022-53, approving the revised Measure I Five -Year Capital Improvement Plan for FY2021/2022 through FY2025/2026.
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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:
1. 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.
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.
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.
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.
A TION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE CONSENT AGENDA ITEMS NO.1 THROUGH 12 AND CONSENT AGENDA ITEM NO. 14.
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ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED, 3-0-1-1 (MAYOR PRO TEM BEAVER
ABSENT, COUNCILMEMBER BOGH ABSTAINED), TO APPROVE CONSENT AGENDA ITEM NO.13.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
Mayor Avila reported that he and City Manager Casey attended the League of California Cities Conference last week. Mayor Avila stated that he learned that the State does not have a plan to provide enough electricity to sustain the electrification that Governor Newsom wants. Mayor Avila further reported that he attended a presentation pertaining to outdoor dining that addressed some of the challenges that many communities have experienced. Mayor Avila added that there is a movement for local governments to retain local control.
City Manager Casey reported that the session pertaining to ARPA funding and potential alternatives was illustrative and that the collaborative discussions outside of the meetings regarding county/city initiatives were helpful.
Councilmember Bogh reported that the City's first 911 Memorial Event was well attended and thanked staff, Mayor Avila, Supervisor Rowe, Senator Bogh and CalFire for their contributions to the Memorial.
Mayor Avila reported that a Flag Repository is now located at City Hall and discussed the process and tradition of properly retiring flags. Mayor Avila explained that the Repository will ensure that the traditions and ceremony are utilized in the retirement of the flags.
Mayor Avila further reported that staff will be presenting options to City Council for a 911 Memorial in the coming months.
POSSIBLE ACTION ON PENDING LEGISLATION
City Manager reported that the Assembly Bill regarding the Fast -Food Accountability and Standards Recovery Act had been signed by Governor Newsom.
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.
DISCUSSION: City Manager Casey presented the Agenda Report.
After Council discussion, the following Motion was made:
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A TION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
DEPARTMENT REPORTS
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.
Councilmember Thorp recused himself due to a potential conflict of interest.
DISCUSSION: City Manager Casey presented the Agenda Report.
After Council discussion, the following Motion was made:
A TI N: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 3-0-2-0 (MAYOR PRO TEM BEAVER
AND COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF
RECOMMENDATION.
18. SUBJECT: CHANGE ORDERS TO DEVELOPMENT SERVICES AND FIRE DEPARTMENT PURCHASES FOR FISCAL YEAR 2021/2022
RECOMMENDATION: That City Council:
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 additional costs for necessary traffic signal repairs for a revised total purchase order in the amount of $114,937.72 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 City Council Minutes Page 6 of 19
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additional costs of required repairs to engine E552A for a revised total purchase order in the amount of $26,839.34 for FY2021/2022
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
A TI N: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
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.
DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
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.
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
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
21. SUBJECT: REDUCING THE RISK OF FIRES ASSOCIATED WITH HOMELESS
ENCAMPMENTS IN HIGH FIRE HAZARD SEVERITY ZONES
RECOMMENDATION: That City Council:
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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 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.
DISCUSSION: City Manager Casey presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
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.
DISCUSSION: Housing and Economic Development Analyst Miller presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER BOGH, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
23. SUBJECT: PICKLEBALL FACILITY UPDATE — YUCAIPA PICKLEBALL FACILITY, YUCAIPA PICKLEBALL COURT DESIGN PROJECT — PROJECT NO. 11150
RECOMMENDATION: That City Council:
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1. Approve the revised Conceptual Pickleball Master Plan for the 71h Street Pickleball facility and any revisions deemed appropriate; and
2. Approve Phase I of the 7th Street Pickleball facility and any revisions deemed appropriate.
DISCUSSION: Public Works Analyst Gutjahr presented the Agenda Report.
Diane Smith, representing the Pickleball Board, stated that the Board believes that the increased Pickleball activity at the 7t" Street Park has helped to deter vandalism and that over the past year and a half, the players have not had any confrontation with anyone and that they (for the most part) feel safe. Ms. Smith added that although the 7th Street Park Facility was not their first choice, it is reasonable and attainable and noted that the Board has looked at the plans and is comfortable and feels like this is the only reasonable solution.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
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.
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 51h Street and authorize the City Manager to execute all related documents and make any necessary non -substantive changes-,-a-ad City Council Minutes Page 9 of 19
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DISCUSSION: Housing and Economic Development Analyst Miller presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION (AS AMENDED).
ADJOURN THE HOUSING AUTHORITY
Housing Authority adjourned.
PUBLIC HEARINGS
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 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 DISCUSSION: Mayor Avila opened the Public Hearing Item No. 25. Planning Manager/City Planner Matlock presented the Agenda Report.
Public Comment
None
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Mayor Avila closed the Public Hearing.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP,CARRIED 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
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.
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DISCUSSION: Mayor Avila opened the Public Hearing Item No. 26. Assistant Planner Jordan presented the Agenda Report.
Public Comment
Judy Main, Yucaipa, spoke in opposition to changing the General Plan to allow high density housing and requested that Council consider changes to the General Plan seriously as this affects the surrounding neighborhoods.
Alec McKinney, Yucaipa, spoke in opposition to changing the General Plan and stated that the housing crisis is caused by the same investors that want to build three-story homes in our City. Mr. McKinney stated that he is not against the development of this project but opposes the three-story structures.
Jon McKinney, Yucaipa, spoke in opposition to high density housing and commented that once you start building high density homes, it will continue.
Arthur Walter, Yucaipa, spoke in opposition to a proposed project on Second Street and addressed his concerns pertaining to the negative impact this would have on Calimesa Elementary School and traffic.
Mayor Avila closed the Public Hearing.
Planning Manager/City Planner Matlock noted that the last speaker spoke about a different project that is not scheduled for tonight's meeting and noted that an opportunity to speak about that project will be made available once the meeting notice has been sent out.
Applicant Craig Heaps, Yucaipa, stated that this is a market rate Senior project, provided a list of the project amenities, and noted that there is a ten percent affordable low-income component in this project as well.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 4-0-1-0 (MAYOR PRO TEM BEAVER ABSENT), TO APPROVE STAFF RECOMMENDATION.
City Council recessed. City Council reconvened.
27. SUBJECT: PREMIUM LAND DEVELOPMENT ON BEHALF OF YUCAIPA 52, LLC - (CASE NO. 22-122/APP) AN APPEAL OF THE PLANNING COMMISSION 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 City Council Minutes Page 12 of 19
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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
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.
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DISCUSSION: Mayor Avila opened the Public Hearing Item No. 27. Planning Manager/City Planner Matlock presented the Agenda Report.
Applicant/Representative Presentation
Applicant Representative Paul Toomey provided the history of the project site, addressed the series of constraints that the site has, and noted that the benefit of being able to modify the development standards produces an outcome that balances the natural site and the objectives of the developer. Mr. Toomey provided additional information about the proposed project and spoke about the Wine Country Land Use Plan, the Housing Element, the housing crisis, and State laws.
Councilmember Bogh stated that he was never contacted by the Applicant and disclosed that someone (he does not know who this was) went to his place of business in Highland and brought the project up to his Operations Manager.
Mayor Avila disclosed that he attended a community meeting and listened to the presentation by Applicant Heaps and that he never had any communications with the applicant or the representatives.
Councilmember Duncan disclosed that he also attended the community meeting with Mayor Avila and listened to the presentation by Applicant Heaps and added that both he and Mayor Avila serve on the Yucaipa Valley Wine Country Planning Committee and that he has had conversations with Premium Land Development Applicant Heaps (who also serves on this Committee) and the Meridian landowner (who also serves on this Committee). Councilmember Duncan further disclosed that he has discussed this project with a lot of people and that he has no financial interest in this project.
Councilmember Thorp disclosed that he had a brief discussion with the Developer three or four weeks ago and that the Developer let him know that this project had been denied by the Planning Commission and that an appeal was going to be filed with the City.
Applicant Heaps requested a continuance for the vote until all five members of City Council are in attendance.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, FAILED DUE TO A
LACK OF A SECOND, TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING.
Public Comment
Written public comment for Agenda Item No. 27 was distributed to the City Council and made available to the public.
Ross McGinnis, Yucaipa, stated his concerns with additional traffic on his street.
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Nino Valmassoi, Yucaipa, stated that he does not want the Developer to use his land as an easement in any way.
Andreas Blaser, Yucaipa, stated that the General Plan should not be amended for the sake of one developer.
Pierre Assaf, Yucaipa, referenced Assembly Bill 9 (The California Home Act), and stated his concerns that the homes would not keep the look of the surrounding area and would be in a high fire hazard zone.
Matt Underwood, Yucaipa, cited a section of the General Plan and questioned the proposed grouping of smaller lot sizes and vineyards.
John Reece, Yucaipa, stated his concerns with this project and infrastructure (such as water, roads, etc.) and requested that the City Council uphold the Planning Commission's decision to deny the project.
Sherry Todd, Yucaipa, stated her concerns with the vague size of the lots for 51 homes, reduced water pressure, and increased traffic.
Lucinda Brinks, Yucaipa, stated that both she and her husband oppose this development.
Hansen Wang, Yucaipa, stated his concerns with the proposed development and expressed the need to grow should be done appropriately.
Colleen Wang, Yucaipa, stated her support for the winery concept but not at the expense of high -density cluster housing units, noted that the lack of water pressure is a big issue in the area, and stated that the area should remain rural.
Kristine Mohler, Yucaipa, stated that the City's General Plan is a roadmap on how Yucaipa should be in 10 or 20 years and that the proposed project is not appropriate for this type of area. Ms. Mohler stated that this area is pristine, and we need to keep it that way.
Donna Snodgrass, Yucaipa, stated her support for the project and noted that does not mean she opposes her neighbors on the North Bench. Ms. Snodgrass stated that she and her husband don't want new homes built on the North Bench, but that the State is dictating what cities are being restricted to. Ms. Snodgrass identified options for City Council's consideration.
Joshua Morgan, Yucaipa, representing his four brothers and himself, stated that he and his brothers recently moved to the North Bench and cited the benefits of the area. Mr. Morgan requested that the City protect this area and keep the properties big and not small like where he came from.
Daniel Morgan, Yucaipa, stated that the development of lots that are less than one -acre do not reflect the atmosphere and culture of the North Bench and requested that the City Council stand up for residents and outsiders that love this community and preserve what has been created by not approving this development.
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Cesar Roldan, Yucaipa, stated that he opposes any development on the North Bench but that he is also a realist and understands that it is inevitable that the land will be developed.
Mr. Roldan requested that the City Council consider this project because the proposal preserves some of the rural area.
Ray Snodgrass, Yucaipa, stated that he and his wife submitted written public comment on this item and stated that the battlefield is not in this Council Chamber, it is in Sacramento, and the City and County leaders have lost a lot of latitude because of the laws that have been passed. Mr. Snodgrass stated that this project provides an opportunity to start saving our land.
Heather Wells, Yucaipa, stated that the Applicant chose to ignore the zoning of the area and has requested special zoning. Ms. Wells stated that this area of Yucaipa is zoned to maintain the rural lifestyle and stated her concerns with the negative impacts this project would bring.
Kevin Miskin, Yucaipa, speaking on behalf of himself and two of his neighbors, stated that he rejects the notion that we just lay back and let the State ride right over us. Mr. Miskin stated that they want the Developer to comply with the RL-1 zoning, reduce the lighting, and honor the natural topography of the land.
Ramona Etheredge, Yucaipa, stated that the proposed development violates the constitutional rights to happiness and that going along with this will establish a precedence that takes away the resident's rights.
Stephan West, Yucaipa, stated his opposition to the project and questioned if the vineyards get turned over to housing in the future, would that land be subject to smaller sized lots.
Heather Dent, Yucaipa, stated that open space is not jamming 51 homes on 26-acres, and addressed her concerns with the future of the open space in the North Bench. Ms. Dent stated her desire to keep these properties one -acre minimum.
Darlene Hoshek, Yucaipa, spoke in opposition to the proposed development and stated that she moved from.rural Riverside, which is long gone, to the North Bench, and expressed her desire to preserve Yucaipa by keeping it the way it is.
Jack Moser, Yucaipa, stated that he and his wife have lived in Yucaipa for 62 years, love the open spaces, and desire to keep Yucaipa rural.
Brandi Hickman, Yucaipa, stated her support for the proposed project and the wineries.
Ms. Hickman requested that the City Council consider approving this project not only to bring in new homes, but to help support local small businesses and future wineries.
Andrea Urbas, Yucaipa, stated her credentials as an AICP Certified Planner, Certified Environmental Planner, Certified Urban Designer, Educator, and Manager, and stated her support for the proposed development, noted the positive attributes of the development, and encouraged the City Council to approve the project.
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Sebastian Mercado, Yucaipa, stated that he is new to Yucaipa and chose the area because of the landscape and the inviting and warm community. Mr. Mercado spoke in support of the proposed development and stated that it may help to bring stimulation to the local economy and benefit the community.
Travis Heaps, Yucaipa, stated that he believes this will be a beautiful project with the combination of agriculture, the hillside, and maintaining the same density. Mr. Heaps spoke about the City's General Plan, the definition of the word "rural", and stated the benefits the project could bring to the community.
Paul Wohler, Yucaipa, stated that the North Bench is one of the last truly open spaces in Yucaipa and if it is developed up to the mountains, it will look like a mass housing track and completely lose its character. Mr. Wohler stated that the proposed development does not meet the one -acre zoning in the North Bench.
Deborah Davidson, Yucaipa, stated that this area is zoned on the outskirts of Yucaipa for one -acre lots next to a wildlife corridor that is undeveloped. Ms. Davidson addressed her concerns with the close proximity of the fire hazard area and the lack of exits from the community in the event of evacuations and stated her opposition to the proposed development.
Patty Ingram, Yucaipa, stated that this project has many drawbacks including earthquake faults, hillsides, and blue line streams and stated that the approval of this project cannot be made because the proposed development is not consistent with the General Plan. Ms.
Ingram stated that the plan is inconsistent with various policies and does not integrate with the surrounding properties or carry out the intention of a planned development. Ms. Ingram requested that City Council deny the project.
Preston Todd, Yucaipa, stated that he and his wife are the owners of North Cork Vineyard and Winery in Yucaipa. Mr. Todd stated that housing and development are coming to the North Bench and emphasized the need to maintain our agriculture, open spaces, and nature.
Mr. Todd stated that our leaders must protect the wine industry and our open spaces while keeping in mind the rights of the developers and that this project will act as a model for future development.
Jeff Kreidel, Yucaipa, spoke in support of the proposed development and stated that this project preserves half of it as open space and agriculture. Mr. Kreidel stated that if this land is developed as one -acre lots there will be no open space with this project.
Robin Miskin, Yucaipa, speaking on behalf of herself and two of her neighbors, stated that she appreciates the developer's efforts to create this development, but it does not belong on the North Bench. Ms. Miskin stated that the land is zoned for RL-1 and requested that City Council consider that the City does not owe anyone a return on their investment and to think about the citizens.
Amy Agadoni, Yucaipa, stated that she and her family relocated to the North Bench from lower Yucaipa less than six months ago because of the rural one -acre lots and asked that the City Council maintain the integrity of the North Bench with minimum one -acre lots.
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Shannon Estrada, Yucaipa, stated that she loves the rural living on the North Bench and summarized the reasons that she and her husband chose to raise their children there. Ms.
Estrada stated that the growth of Yucaipa can be accomplished if it is done the right way.
Trevor Leja, Yucaipa, stated his support of the vision for vineyards and small businesses and stated his opposition to the lot sizes of the proposed development. Mr. Leja noted that the project is inconsistent with existing development standards and there needs to be a compromise. Mr. Leja requested Council's support of the Planning Commission's decision to deny the project.
Bill Tilbury, Yucaipa, stated his support for the proposed development because of the proposed open areas and noted that he would rather have this development than having 52 homes spread all over the hills and no open space.
Tony Matlock, Yucaipa, stated that he has served on the Wine Country Committee for the past two years and reported that the Committee has been trying to find ways to support open space agricultural vineyards. Mr. Matlock encouraged embracing new ideas and setting standards for what we want for the future.
Applicant Rebuttal
Applicant Representative Paul Toomey stated that the information provided in the agenda packet includes an Initial Study report and a Mitigated Negative Declaration report and that the reports indicate there are no significant impacts and no impacts that cannot be mitigated, which have been addressed as part of this project. Mr. Toomey also noted that the vineyard is a commitment between the landowner and the winery. Mr. Toomey addressed questions raised by Council.
Mayor Avila closed the Public Hearing.
After Council discussion, the following Motion was made:
A TI N: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, FAILED 2-2-1-0 (MAYOR AVILA AND
COUNCILMEMBER DUNCAN VOTED NO; MAYOR PRO TEM BEAVER
ABSENT), TO (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.
After further discussion, the following Motion was made:
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ACTION: MOTION BY MAYOR AVILA, SECOND BY COUNCILMEMBER
DUNCAN, FAILED 2-2-1-0 (COUNCILMEMBERS BOGH AND THORP VOTED NO; MAYOR PRO TEM BEAVER ABSENT), TO REOPEN THE PUBLIC
HEARING AND GIVE THE APPLICANT AN OPPORTUNITY TO MAKE
REVISIONS TO THE PLAN AND CONTINUE THIS ITEM TO THE NEXT MEETING.
After further discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY
COUNCILMEMBER THORP, CARRIED 3-1-1-0 (COUNCILMEMBER DUNCAN VOTED NO; MAYOR PRO TEM BEAVER ABSENT), TO (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.
ANNOUNCEMENTS
None
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be September 26, 2022, at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
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