Agenda Item No. 1
City of Yucaipa
City Council Minutes
Regular Meeting of September 26, 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 26, 2022 at 6:00 PM.
PRESENT: David Avila, Mayor
Justin Beaver, Mayor Pro Tern
Greg Bogh, Councilmember
Bobby Duncan, Councilmember
Jon Thorp, Councilmember
Ray Casey, City Manager
Jennifer Crawford, Assistant City Manager/City Clerk
David Snow, City Attorney
ABSENT: None
CONVENE CITY COUNCIL
The meeting was opened by Lieutenant Scovel with the Pledge of Allegiance led by Sheriff's Explorer Captain Rylan Fernandez.
EMPLOYEE INTRODUCTION
Assistant City Engineer Kern introduced Assistant Engineer Kevin Garcia. Mr. Garcia stated that he looks forward to contributing to the growth and development of Yucaipa and is proud to be a part of this community.
PUBLIC COMMENT
Steven De Noyer, Yucaipa, life Scout with local Scout Troop 25, proposed a community outreach Eagle Scout project that would offer to replace old flags with new flags (while supplies last) and offered to replace old flags for municipal buildings throughout the City. Mr. De Noyer asked if the City of Yucaipa would like to be chosen as the beneficiary of this project. Council conurred to accept the proposed project.
Irene P. addressed her concerns pertaining to propaganda, psyop laws, sustainable development grants, global leaders, 5G, and tracking devices.
CONSENT AGENDA
Mayor Avila asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.
Councilmember Thorp stated that he will recuse himself from voting on Agenda Item No. 8.
City Council Minutes Page 1 of 8
https://yucaipa.sharepoini.com/sites/generalseNices/shared documents/general services city clerk/@ city clerk files/minutes R excerpts/minutes/2022/city council/20220926.docx 7'l
1. SUBJECT: APPROVE REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 12, 2022
RECOMMENDATION: That City Council approve Regular City Council Meeting Minutes of September 12, 2022.
2. SUBJECT: APPROVE SPECIAL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 20, 2022
RECOMMENDATION: That City Council approve Special City Council Meeting Minutes of September 20, 2022.
3. 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.
4. SUBJECT: MONTHLY TREASURER'S REPORT: JUNE 2022
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for June 2022.
5. SUBJECT: MEASURE I FUNDING — CAPITAL PROJECT NEEDS ANALYSIS RECOMMENDATION: That City Council adopt Resolution No. 2022-55, approving the Five Year Capital Project Needs Analysis (CPNA) for FY2023/2024 through FY2027/2028
6. SUBJECT: CHANGE ORDER NO.2 —NEW CITY YARD TENANT IMPROVEMENTS —PROJECT NO. 11167
RECOMMENDATION: That City Council approve Change Order No. 2 to the contract with Three Peaks Corporation for the New City Yard Tenant Improvements — Project No. 11167 in the additional amount of $5,184.24 for a revised total contract in the amount of $610,001.38.
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK - FIVE WINDS RANCH AMPHITHEATRE PROJECT NO. 11171
RECOMMENDATION: That City Council:
1. Accept the contract work completed by Urban Habitat in the amount of $302,000 for the Five Winds Ranch Amphitheatre Project No. 11171; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Find that the public interest is not best served by a formal bid process, waive the City's City Council Minutes Page 2 of 8
https://yucaipa.sharcpoint.com/sites/generalservices/shared documents/general services —city clerk/@ city clerk files/minutes & excerpts/minutes/2022/city council/20220926.docx -7-
formal solicitation process, and authorize a payment to Three Peaks Construction Inc. in the amount of $41,900 for work performed on Project No. 11171.
8. SUBJECT: AWARD OF CONTRACT — DEMOLITION OF RESIDENTIAL STRUCTURE AT 35110 COUNTY LINE ROAD - PROJECT NO. 11113 RECOMMENDATION: That City Council:
1. Award and authorize the Mayor to execute a contract in the amount of $29,500 with LCR Earthworks & Engineering Corp. of Ontario, CA for the Demolition of Residential Structure at 35110 County Line Road (Project No. 11113); and
2. Approve the amount of $7,300 for construction contract contingency and the amount of $3,000 for construction contract administration, survey, testing and inspection, for a total construction budget in the amount of $39,800, and authorize the City Engineer to execute contract change orders in an aggregate amount not to exceed $7,300.
9. SUBJECT: CASE NO. 22-063/GPA: CITY OF YUCAIPA GENERAL PLAN
HOUSING ELEMENT UPDATE
RECOMMENDATION: That City Council waive further reading and adopt 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.
10. 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 City Council waive further reading and adopt Ordinance No. 411, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 1 THROUGH 7 AND ITEM NOS. 9 THROUGH 10.
City Council Minutes Page 3 of 8
https://yucaipa.sharepoint.com/sites/generalservices/shared documents/general services —city clerk/ t@J city clerk files/minutes & excerpts/minutes/2022/city council/20220926.docx 10 ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED, 4-0-1-0 (COUNCILMEMBER
THORP RECUSED HIMSELF FROM THIS ITEM), TO APPROVE CONSENT AGENDA ITEM NO.8.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
11. SUBJECT: HEALTHY YUCAIPA COMMITTEE — THREE RUN SERIES RECOMMENDATION: That City Council:
1. Approve a series of three 5K runs to be hosted by the Healthy Yucaipa Committee during FY 2022/2023; and
2. Authorize the use of $10,000 in funding from the Non -Department Contingency Budget for the Healthy Yucaipa Committee to host three 5K runs in the FY 2022/2023; and a. Authorize a budget adjustment in the amount of $30,000 to increase expenses in the special events division of the Community Services Department to host three 5K runs during the FY 2022/2023; and
b. Authorize a budget adjustment to increase revenues in the special events division of the Community Services Department in the amount of $20,000.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
Heather O'Bier, Healthy Yucaipa Committee Member, addressed questions raised by Council.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED, 5-0, TO APPROVE STAFF RECOMMENDATION.
12. SUBJECT: YOUTH ADVISORY COMMITTEE REAPPOINTMENT
RECOMMENDATION: That City Council extend the appointment of Aden Benson, Brenna Lane, Chase Miller, Mallory Miller, Adelin Tulcan, and Maxwell Ubilus to the Youth Advisory Committee for an additional two-year term from September 26, 2022, to September 1, 2024.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
Youth Advisory Committee (YAC) Member Maxwell Ubillus thanked the City Council for their continued support of the Youth Advisory Committee.
YAC Members Aden Benson, Chase Miller, and Adelin Tulcan provided an overview of the Committee's work on events and activities, including a Fun Run, a dance at the Yucaipa Performing Arts Center, drive-in movies, and various community services.
City Council Minutes Page 4 of 8
https://yucaipa.sharepoint.com/sites/generalservices/shared documents/general services city clerk/r@ city clerk files/minutes R excerpts/minutes/2022/city council/20220926.docx 10 After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED, 5-0, TO APPROVE THE
APPOINTMENT OF ADEN BENSON, BRENNA LANE, CHASE MILLER,
MALLORY MILLER, ADELIN TULCAN, AND MAXWELL UBILUS TO THE
YOUTH ADVISORY COMMITTEE FOR AN ADDITIONAL TWO-YEAR
TERM FROM SEPTEMBER 26, 2022, TO SEPTEMBER 1, 2024.
POSSIBLE ACTION ON PENDING LEGISLATION
City Manager Casey reported that SB 1186 (Cannibis) was signed by the Governor despite the City's letter of objection. City Manager also reported on the following legislation:
• AB 2234 (Rivas, Robert), pertaining to post -entitlement building permit process, would require that a local agency determine whether an application for a post -entitlement phase permit is complete and provide written notice of its determination within 15 business days after application submission.
• SB 897 (Wieckowski), pertaining to accessory dwelling units, would prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
AB 1740 (Muratsuchi), pertaining to catalytic converters, would require a core recycler to include additional information in the written record, including the year, make, and model of the vehicle from which the catalytic converter was removed.
DEPARTMENT REPORTS
13. SUBJECT: FINANCIAL STATEMENT AUDITOR SERVICES SELECTION RECOMMENDATION: That the City Council authorizes the City Manager to enter into a contract for financial statement audit services with Van Lant & Fankhanel, LLP for three fiscal years from Fiscal Year 21-22 through Fiscal Year 23-24 for an amount not -to -exceed $103,550 with two (2) optional one (1) year renewals (based on the Finance Committee's recommendation).
DISCUSSION: Director of Finance Hamilton presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED, 4-1 (COUNCILMEMBER DUNCAN
VOTED NO), TO APPROVE STAFF RECOMMENDATION.
14. SUBJECT: 2022 MAKE A DIFFERENCE DAY EVENT PROJECT
RECOMMENDATION: That City Council:
City Council Minutes Page 5 of 8
lutes://yucaipa.sharepointcom/sites/generalser ices/shared documents/general services_city clerk/o city clerk files/minutes & excerpts/minutes/2022/city council/20220926.docx -10-
1. Review and approve the Five Winds/El Dorado Ranch Park Planting and Equestrian Improvement Project as the City of Yucaipa's sponsored project for the 2022 Make a Difference Day Event; and
2. Authorize the use of $20,000 in funding fiom the Five Winds/El Dorado Ranch Park Project Budget in the FY2022/2023 Capital Improvement Program for the proposed Five Winds/El Dorado Ranch Park Planting and Equestrian Improvement Project.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
15. SUBJECT: WILDWOOD CANYON ROAD AND INTERSTATE 10 FREEWAY
INTERCHANGE PROJECT UPDATE
RECOMMENDATION: That City Council receive and file a report regarding the Wildwood Canyon Road and Interstate 10 Freeway Interchange Project Update.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report and introduced Mark Hager, HDR Engineering.
Mr. Hager presented information pertaining to the forecasted traffic conditions for the build out year (2050), a comparison of the no build scenario with no interchange to the build scenario with the interchange operation (including the full development of the Freeway Corridor Specific area). The information provided in the presentation demonstrated significant benefits to both local and 1- 10 freeway traffic operations in the build scenario (with the interchange).
After discussion, Council received and filed the report.
16. 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 read by staff, of Ordinance No. 415 rescinding Ordinance No. 208 related to the Uniform Public Construction Cost Accounting Act.
City Council Minutes Page 6 of 8
httpsl/yuraipa,sharepoint.com/sites/generalservices/shared documents/general services city clerk/ @ city clerk files/minutes & excerpts/minutes/2022/city council/20220926.docx -11-
DISCUSSION: Director of Finance Hamilton presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED, 5-0, TO APPROVE STAFF RECOMMENDATION.
17. SUBJECT: FINAL PARCEL MAP 20125
RECOMMENDATION: That City Council:
1. Approve Final Parcel Map No. 20125 contingent upon the execution of the map by the County Auditor/Assessor; and
2. Accept an Easement for Public Roads, City Highways and Public Utility Purposes on Avenue E, Yucaipa Boulevard and 18th Street as delineated on Final Parcel Map No. 20125; and
Authorize the recordation of the map from VantageOne Real Estate DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER THORP, CARRIED, 5-0, TO APPROVE STAFF
RECOMMENDATION.
PUBLIC HEARING
18. SUBJECT: PREMIUM LAND DEVELOPMENT. CASE NO 22-121/APP, AN APPEAL
OF THE PLANNING COMMISSION'S RECOMMENDATION FOR DENIAL OF CASE NO. 21-085/GPA/LUCR/DBA: A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DISTRICT FROM RM-1OM (MULTIPLE RESIDENTIAL) TO RM-24 (HIGH DENSITY MULTIPLE RESIDENTIAL) AN AFFORDABILITY
PROVISION THAT WILL BE EXECUTED THROUGH A DENSITY BONUS
AGREEMENT AND A LAND USE COMPLIANCE REVIEW TO PERMIT A
PRIVATELY GATED 200-UNIT MULTI -FAMILY APARTMENT PROJECT ON FOUR PARCELS TOTALING 8.39 ACRES WITH A DENSITY BONUS AGREEMENT TO COVENANT TEN (10) PERCENT OF THE UNITS AS LOW-INCOME AFFORDABLE; TO BE LOCATED BETWEEN 3RD STREET TO THE WEST, AND 2ND STREET TO THE EAST, AT APPROXIMATELY 375 FEET NORTH OF COUNTY LINE ROAD. A LOT MERGER WILL ALSO BE PROCESSED TO CONSOLIDATE ALL FOUR PARCELS INTO A SINGLE LOT. APNS 0319-253-28, - 29, -30, -84
RECOMMENDATION: That City Council move to continue the Public Hearing for Case No. 22-121/APP to the City Council meeting of October 24, 2022.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 18. Planning Manager/City Planner Matlock presented the Agenda Report.
City Council Minutes Page 7 of 8
htips://yucaipa.sharepoint.com/sites/gencralservices/shared documents/general services city clerk/@ city clerk files/minutes & excerpts/minutes/2022/city council/20220926.docx -12-
Public Comment
None
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 5-0, TO CONTINUE THE PUBLIC HEARING FOR CASE NO.22-121/APP TO THE CITY COUNCIL MEETING OF OCTOBER 24, 2022.
ANNOUNCEMENTS
Councilmember Duncan announced that the Autumnfest will take place this coming weekend.
Mayor Avila spoke about the importance of community involvement and stated the need to get more of the community involved in the decisions made by the City Council. Mayor Avila encouraged all citizens to share information with others to increase participation.
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 October 10, 2022 at 6:00 PM.
DAVID AVILA, MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
City Council Minutes Page 8 of 8
https://yucaipa.sharepoint.com/sites/gencralservices/shared documents/general services —city clerk/@ city clerk files/minutes & excerpts/minutes/2022/city council/20220926.docx -13-