Agenda Item No
City of Yucaipa
City Council Minutes
Regular Meeting of November 28, 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 November 28, 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 Captain Landen with the Pledge of Allegiance led by Sheriff's Explorer Austin Barnes.
City Manager Casey announced that an amendment to Agenda Item No. 12 was distributed to Council and made available to the public.
SPECIAL PRESENTATION
Public Information Officer/Grants Coordinator Massoud stated that City staff applied for the Inland Empire Economic Partnership's (IEEP) 10t" Annual Turning Red Tape into Red Carpet Award for the Wilson III Basin Project under the category of Cooperation Among Cities, Counties, and Agencies and was honored as a successful recipient for this award on November 10, 2022.
Mr. Massoud introduced Benjamin G. Lopez, IIEP Director of Public Policy and Advocacy. Mr.
Lopez provided additional information about the award and stated that the judges concluded that the City's Wilson III Basin Project epitomizes what cooperation should look like and what other organizations should strive for. On behalf of the IEEP Board of Directors, San Bernardino County Board of Supervisors, and the Riverside County Board of Supervisors, Mr. Lopez presented the City with the Turning Red Tape into Red Carpet Award.
PUBLIC COMMENT
Amy Simmons, Yucaipa, thanked the City for supporting the Yucaipa Branch Library and for the submission of the Grant application that was recently received. Ms. Simmons provided an update on the Library's activities and cited the benefits of having a library.
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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 NOVEMBER 14, 2022 RECOMMENDATION: That City Council approve City Council Minutes of November 28, 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: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
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 2022 September Storm Event, and direct staff as deemed appropriate.
4. SUBJECT: REVISIONS TO THE CITY-WIDE ADOPTED RECORDS RETENTION
SCHEDULE
RECOMMENDATION: That City Council adopt Resolution No. 2022-62, rescinding Resolution No. 2009-66, and approving the revised City-wide Adopted Records Retention Schedule.
5. SUBJECT: RESOLUTION NO. 2022-61 TO SET A TIME AND PLACE TO CONDUCT A PUBLIC HEARING FOR THE ANNEXATION OF TRACT MAP NO. 17349 INTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 (ZONE "FFF")
RECOMMENDATION: That City Council:
1. Approve Resolution No. 2022-61 to set a time and place to conduct a Public Hearing and Assessment Ballot proceedings at 6:00 p.m. on January 23, 2023 in compliance with Proposition 218, and to approve the annexation of Tract Map No. 17349 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1; and
2. Adopt the methodology for and enact the assessments therein.
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6. SUBJECT: AWARD OF CONTRACT — EXTERIOR PAINTING OF VARIOUS CITY FACILITIES — PROJECT NO. 11179
RECOMMENDATION: That City Council:
Award and authorize the Mayor to execute a contract in the amount of $182,000 with Color New Co. of Woodland Hills, CA for the Exterior Painting of Various City Facilities — Project No. 11179; and
2. Approve the amount of $45,000 for contract contingency and the amount of $9,000 for contract administration, inspection, and staff time for a total budget in the amount of $236,000; and
3. Authorize the City Manager, or his designee, to administer the terms of the contract.
7. SUBJECT: ENHANCED INFRASTRUCTURE FINANCE DISTRICT RESOLUTION
OF INTENTION
RECOMMENDATION: That City Council:
Adopt Resolution 2022-60, a Resolution declaring its intention to establish the Yucaipa Enhanced Infrastructure Financing District (EIFD) and establishing the Yucaipa EIFD Public Financing Authority (PFA); and
2. Approve the organization of the Public Financing Authority Board, which would consist of two Council Members, one additional Council Member that would serve as an alternate Board member, and one additional member of the public, direct staff to solicit candidates for the member at large and then return to Council for the formal appointments to the Board; and,
3. Find that the adoption of the Resolution of Intention and establishment of the Public Financing Authority are exempt from the California Environmental Quality Act ("CEQA") as these actions do not constitute a "project" pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5), and that these actions are also exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
8. SUBJECT: AGREEMENT FOR FIRE PROTECTION AND PARAMEDIC SERVICES
BETWEEN THE CITY OF YUCAIPA AND THE SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
RECOMMENDATION: That City Council:
Approve and authorize the City Manager to execute an Agreement with the County of San Bernardino County Fire Protection District for the purpose of providing first alarm fire protection and advanced life support (ALS) paramedic services in the unincorporated area of Oak Glen; and
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2. Approve and authorize the City Manager to execute and maintain an Assistance by Hire Agreement between CAL FIRE and the City of Yucaipa to extend CAL FIRE's LG-1 provision of services to the unincorporated area of Oak Glen.
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM BEAVER, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 8.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
City Manager Casey reported that staff recently became aware that the Live Oak Canyon Pumpkin Farm will feature an ice skating rink during its Christmas at Live Oak Canyon event this year. City Manager Casey stated that if staff and the City Council were aware that this attraction was going to be provided, staff may have thought otherwise about recommending an ice skating rink in the Uptown this year. City Manager Casey provided information about the circumstances and the possible impacts this may bring to the City's ice rink and reported that the Live Oak Canyon Pumpkin Farm's ice skating rink was not included in the City -approved Conditional Use Permit (CUP).
Councilmember Duncan stated that he does not think that this will make any impact on the Uptown ice rink.
Mayor Avila expressed his opinion that the City should not be in the business of competing with private enterprise and that the City was not informed in a timely manner in order to make a decision and not interfere with private enterprise.
Mayor Pro Tern Beaver stated that as infrastructure improvements take place in the Uptown, the burden of the expenditures for the City will be reduced and, when working in cooperation with Edison, may be easier to justify next year.
Mayor Avila announced that former part-time employee Elizabeth Martinez has returned from United States Air Force Basic Military Training and will be stationed in Montana. On behalf of the City Council, Mayor Avila stated that they are proud of Airman Martinez for serving our Country and extended congratulations.
Airman Martinez thanked the City Council for their support.
POSSIBLE ACTION ON PENDING LEGISLATION
None
DEPARTMENT REPORTS
9. SUBJECT: CHANGE ORDER NO. 4 — DEBRIS REMOVAL/WILSON III BASIN PHASE 1 C IMPROVEMENTS
RECOMMENDATION: That City Council:
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1. Formally approve a Notification of Obligation and Payment (Funding Agreement) from the California Governor's Office of Emergency Services for the CDAA Grant Program (CDAA-2022-03, Cal OES ID: 071-87042; and
2. Amend the FY 2022/2023 Non -Capital Budget in the Miscellaneous Special Revenues Fund by adding Change Order No. 4 — Debris Removal/Wilson III Basin Phase 1 C Improvements Project with a budget of $812,382 comprised of $623,456 in CDAA Grant Program Funding and the amount of $188,926 in local match funds as follows:
a. Increase expenditures budget in the project in the amount of $812,382 in the Miscellaneous Special Revenue Fund (Munis Fund 225 — formerly Eden Fund 48); and
b. Increase revenues budget in the project in the amount of $623,456 (CDAA grant) in the Miscellaneous Special Revenue Fund (Munis Fund 225 — formerly Eden Fund 48); and
c. Authorize a transfer of $188,926 to the project for the CDAA grant local match requirement from the Miscellaneous Capital Fund (Munis Fund 600 — formerly Eden Fund 35) to the Miscellaneous Special Revenue Fund (Munis Fund 225 — formerly Eden Fund 48); and
Approve and authorize the City Manager to execute Change Order No. 4 -Debris Removal/ Wilson III Basin Phase IC Project with Borden Excavating Inc. (Borden) for emergency work on a time and material basis in accordance with the terms of the CDAA Grant Program in the not to exceed amount of $755,704; and
4. Find that the construction of the emergency work for the El Dorado Fire Debris Removal at Wilson III Basin Project is Exempt from CEQA pursuant to Section 21080(b)(3) of the Public Resources Code, and direct staff to file a notice of exemption.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION.
10. SUBJECT: COMMUNITY SERVICES DEPARTMENT REORGANIZATION RECOMMENDATION: That City Council:
Approve the Reorganization of the Community Services Department and amend the Fiscal Year 2022-2023 budget by (Recommended by the Finance Committee):
a. Increasing the Animal Budget for Community Services Salary and Benefits in the amount of $311,094; and
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b. Increasing the Annual Budget for Community Services Revenues in the amount of $226,500; and
c. Increase the Annual Budget for Sales Tax Revenues in the amount of $74,593.76; and
2. Adopt Resolution No. 2022-63, amending Resolution No. 2022-57, amending the Management, Supervisory and Confidential Salary, Benefit and Classification Plan effective with the pay period beginning on December 3, 2022, by:
a. Creating one (1) position of Recreation Superintendent, Salary Range 41 ($100,607-$125,644); and
3. Adopt Resolution No. 2022-64, amending Resolution No. 2022-56, amending the General Unit Employee Salary, Benefit and Classification Plan effective with the pay period beginning on December 3, 2022, by:
a. Adding two (2) additional positions of Community Services Coordinator, Salary Range 20 ($57,910-$72,322); and
b. Creating three (3) positions of Community Services Specialist, Salary Range 10 ($45,239-$56,498).
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 5-0, TO APPROVE STAFF
RECOMMENDATION.
PUBLIC HEARINGS
11. SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 418-U, EXTENDING ORDINANCE NO. 404-U, WHICH WAS PREVIOUSLY EXTENDED BY
ORDINANCE NO. 405-U, AND ESTABLISHED INTERIM STANDARDS FOR THE IMPLEMENTATION OF S139
RECOMMENDATION: That the City Council conduct a public hearing and approve Urgency Ordinance No. 418-U, which will extend Ordinance No. 404-U (previously extended as Ordinance No. 405-U), an urgency ordinance related to the regulation of urban lot splits and second dwelling units associated with the implementation of Senate Bill 9 (S139) and making findings regarding the urgency thereof. (4/5 VOTES REQUIRED) DISCUSSION: Mayor Avila opened the Public Hearing Item No. 11. Planning Manager/City Planner Matlock presented the Agenda Report.
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Public Comment
None
Mayor Avila closed the Public Hearing.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM BEAVER, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
12. SUBJECT: ADOPTION OF THE 2022 CALIFORNIA BUILDING AND FIRE CODES (AMENDED)
RECOMMENDATION: That the City Council conduct a public hearing and:
1. Approve second reading, by title only, as read by staff, of Ordinance No. 417, adopting by reference, and amending the current editions of certain California Building and Fire Codes related to the regulation of construction, and repealing Ordinance No. 381 and all provisions in conflict therewith; and
2. Adopt Resolution No. 2022-58, setting forth findings for amendments to the 2022 California Codes relative to local conditions.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 12. Planning Manager/City Planner Matlock presented the Agenda Report.
Public Comment
None
Mayor Avila closed the Public Hearing.
ACTION: MOTION BY COUNCILMEMBER BOGH, SECOND BY MAYOR PRO TEM BEAVER, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION AS AMENDED.
13. SUBJECT: ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES RECOMMENDATION: That the City Council continue the Public Hearing for Annual Adjustment of Development Impact Fees to the City Council meeting of December 12, 2022.
DISCUSSION: Mayor Avila opened the Public Hearing Item No. 13. Planning Manager/City Planner Matlock presented the Agenda Report.
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Public Comment
None
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM BEAVER, SECOND BY
COUNCILMEMBER BOGH, CARRIED 5-0, TO CONTINUE THE PUBLIC
HEARING FOR ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES TO THE CITY COUNCIL MEETING OF JANUARY 23, 2023.
ANNOUNCEMENTS
Councilmember Duncan commended the City's Community Services Department staff for the Winterfest and stated that he was impressed with Santa.
Mayor Pro Tem Beaver stated that staff did an outstanding job with the Winterfest and that he was impressed with the City's Community Services Department staff.
Councilmember Thorp stated that Santa attended the event in his place and raved about how well the event went. Councilmember Thorp added that Santa tipped his hat to the Fire Department for their hospitality.
Councilmember Bogh commended Mayor Avila for his service and the way he represents our City.
Councilmember Bogh further stated that Mayor Avila does an excellent job with dignity and class.
Mayor Avila stated that the Winterfest was well attended and had a great crowd. Mayor Avila extended a thank you to Councilmembers and to Santa.
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be December 12, 2022 at 6:00 PM.
MAYOR
ATTEST:
JENNIFER CRAWFORD
CITY CLERK
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