Agenda Item No. i
City of Yucaipa
City Council Minutes
Regular Meeting of January 9, 2023
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 January 9, 2023 at 6:00 PM.
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
Ray Casey, City Manager
Jennifer Crawford, Assistant City Manager
Kimberly J. Metzler, 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 Paeton Fritz.
SPECIAL PRESENTATION
Chief Malinowski recognized Lenore Will, Brenda Martinez and Fire Captain Travis Paye for their years of hard work and determination that resulted in a volunteer program that provides families in need with valuable resources during the holiday season. The Spark of Love — Toys for Yucaipa toy drive is over 20 years in the making and in 2022 was able to assist 367 children from 106 Yucaipa families, as well as toy distributions for 3 Yucaipa churches.
Lenore Will, Brenda Martinez and Fire Captain Travis Paye were presented with certificates of recognition for their hard work, dedication, and service to their community from the City of Yucaipa, Senator Rosilicie Ochoa Bogh's Office and San Bernardino County 3`d District Supervisor Dawn Rowe's Office.
PUBLIC COMMENT
Kristine Mohler, Yucaipa, stated that during the week of Christmas 2022, her daughter's locker at Fitness 19 was broken into. The thief stole her car and entered their home with the set of keys that were also taken. Ms. Mohler complained that this is not an isolated incident and that Fitness 19 needs to be held responsible. Ms. Mohler stated that she is leaning on the Council for assistance as Fitness 19 is not returning her calls. In closing, Ms. Mohler thanked City Manager Casey and City Council Minutes Page 1 of 9
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City staff for all of the water projects, grants, monies, etc., everything that has been accomplished to ensure that residents sleep well tonight.
Mike Simon, Yucaipa, stated that from Countyline Road to Live Oak Canyon Road, Calimesa Boulevard has more pot holes than he has ever seen. Mr. Simon stated that, in addition, on Calimesa Boulevard and Wildwood Canyon Road from Calimesa east, trash is collecting and no one is picking it up. Finally, Mr. Simon suggested that the empty building on 5th Street and Avenue H be turned into a temporary housing site for the homeless population in the city.
Richard Frost, Yucaipa, stated his concerns pertaining to the amount of time that lost dogs are held before the local shelters put them up for adoption.
Kathy Sellers, Yucaipa, stated that she was speaking on behalf of concerned owners of the North Bench. Ms. Sellers stated concerns with the new Council and the closed session item and questioned the intentions of certain councilmembers and concluded her comment with a quote from Abraham Lincoln, "Character is like a tree, and reputation like its shadow. The shadow is what we think of it; the tree is the real thing".
Denise Work, Yucaipa, questioned the reasoning behind the closed session item on the Agenda and listed several of City Manager Casey's accomplishments over the years and requested Council's consideration to retain City Manager Casey.
Dick Riddell, Yucaipa, stated that he has served Yucaipa on the City Council for over 25 years and 15 of those years as Mayor, 25 years on the Board of Directors for San Benradino Associated Governments, 25 years on the Board of Directors for Omnitrans, as well as many other County and intercity committees and was a member of the League of California Cities. Mr. Riddell stated that he was speaking from a place of authority and wisdom as he listed a variety of accomplishments that City Manager Casey has achieved over the years. Mr. Riddell questioned the closed session item on the Agenda and suggested that new councilmembers reserve decisonmaking on this item until they are better suited to evaluate City Manager Casey's performance.
Robin Miskin, Yucaipa, informed the City Council that the mail was stolen on Ivy Avenue on January 2nd and 4th and among the some of the mail that was retrieved from the street was a letter from the City pertaining to the Serrano Estates project. Ms. Miskin respectfully requested that staff re -mail the letters and extend the deadline for response. Ms. Miskin also questioned the closed session item on the Agenda and requested that the vote be made public.
Kevin Miskin, Yucaipa, recognized Mayor Riddell for attending all three courts of honor for his sons who were Eagle Scouts. Mr. Miskin expressed his surprise with the posting of the closed session items, stated his support of City Manager Casey and questioned why the new sitting Council is rushing to terminate the City Manager and City Attorney and expressed concerns with the apparent cost to residents to pay off these contracts.
George Sardeson, Yucaipa, expressed gratitude to City staff under the leadership of Ray Casey for serving the community with integrity and honesty. Mr. Sardeson expressed his concerns pertaining City Council Minutes Page 2 of 9
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to the closed session items and requested that the councilmembers state their positions on the matter.
Craig Heaps, Redlands, stated that on the July 13, 2022, Agenda the City Council authorized on - call professional environmental review services for public and private development projects for years 2020-2021 through 2021-2022, which is something that he's never had to deal with before.
Mr. Heaps stated that on the August 8, 2022, City Council extended these services through 2023- 2024, which has caused undo hardship for private development projects. Mr. Heaps stated that City staff estimated the cost to developers at 25-30% but it is, in fact, much more than that; several projects are stuck due to associated costs. Finally, Mr. Heaps expressed the importance for the subject matter to be included on the January 23, 2023, Agenda.
Caecilia Johns, Yucaipa, stated that she has resided in the city for 35 years, long before its incorporation. Ms. Johns expressed concerns with the closed session items and suggested that the new councilmembers take at least six months to get the lay of the land in order to make an informed decision.
CONSENT AGENDA
Mayor Beaver 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 DECEMBER 12, 2022 RECOMMENDATION: That City Council approve City Council Minutes of December 12, 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.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 3.
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MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
None
POSSIBLE ACTION ON PENDING LEGISLATION
None
DEPARTMENT REPORTS
4. SUBJECT: MONTHLY TREASURER'S REPORT: NOVEMBER 2022
RECOMMENDATION: That City Council receive and file the Monthly Treasurer's Report for November 2022.
DISCUSSION: Director of Finance White presented the Agenda Report.
Council received and filed the Report.
5. SUBJECT: ACCEPTANCE OF WORK — WILSON III BASIN PROJECT PHASE 113 IMPROVEMENTS —PROJECT NO. 10879
RECOMMENDATION: That City Council:
1. Accept the contract work completed by LB3 Enterprises Inc. of Lakeside CA. in the amount of $1,577,979.06 for the Wilson III Basin Phase I Improvements — Project No. 10879; and
2. Approve the final payment for the Project; and
3. Authorize the recordation of the Notice of Completion for the Project.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
6. SUBJECT: FISCAL YEAR 2022/2023 COMMUNITY ACTIVITY GRANT IN -KIND
GRANT REQUEST AND SPECIAL EVENT PERMIT APPLICATION - REDLANDS
BIKE CLASSIC
RECOMMENDATION: That City Council:
1. Approve the Special Event Permit Application submitted by the Redlands Bicycle Classic Inc. to conduct the Yucaipa Circuit Professional Bicycle Stage Race on Thursday, April 13, 2023; and
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2. Approve the Redlands Bicycle Classic Inc. request for co-sponsorship of the Yucaipa Circuit Race; and
3. Authorize the use of the City logo for promotional items; and
4. Authorize rolling and temporary street and lane closures; and
5. Review and consider the Fiscal Year 2022/2023 Community Activity Grant Application submitted by the Redlands Bike Classic Inc. for in -kind support to hold a large-scale special event that meets the established guidelines; and
6. Determine that the Redlands Bicycle Classic, Inc. should be exempt from the Grant Guideline that requires the organization to be located in Yucaipa if their Community Activity Grant is awarded.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
7. SUBJECT: CALIFORNIA STATE LIBRARY BUILDING FORWARD: LIBRARY INFRASTRUCTURE PROGRAM — GRANT AWARD AND AGREEMENTS
RECOMMENDATION: That City Council:
1. Review and re -authorize the City Manager to execute a grant agreement with the California State Library for the Library Building Forward: Library Infrastructure Grant Program; and
2. Review and provide direction regarding the draft Joint Use Agreement between the City of Yucaipa, County of San Bernardino, and the Yucaipa-Calimesa Joint Unified School District (District) for the proposed new library facility.
DISCUSSION: Public Information Officer/Grants Coordinator Massoud presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION AND TO DIRECT STAFF TO MOVE FORWARD WITH
THE JOINT USE AGREEMENT BETWEEN THE CITY OF YUCAIPA, COUNTY
OF SAN BERNARDINO, AND THE YUCAIPA-CALIMESA JOINT UNIFIED SCHOOL DISTRICT FOR THE PROPOSED NEW LIBRARY FACILITY.
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8. SUBJECT: 2022 WINTERFEST WRAP-UP
RECOMMENDATION: That City Council receive and file the wrap-up report for the 2022 Winterfest.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After discussion, Council received and filed the Report.
9. SUBJECT: RIGHT-OF-WAY ACQUISITION — COUNTY LINE ROAD MOBILE
SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) GRANT
FUNDED PROJECT
RECOMMENDATION: That City Council:
Approve a Purchase and Sale Agreement with Denys J. Merriman, Janice H.
Merriman, Michael L. McGeorge and Emily A. McGeorge, (APN 0319-233-23) for the acquisition of a 10,454 square foot permanent easement for right of way purposes and the construction of the County Line Road MSRC Grant Funded Project for an amount not to exceed $10,400; and
2. Approve an expenditure up to the amount of $3,000 for closing costs associated with the proposed purchase and sale agreement and the amount of $2,300 for right of way acquisition coordination/staff time for a total cost in the amount of $15,700 for the acquisition of the permanent right-of-way easement; and
3. Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
10. SUBJECT: AWARD OF CONSTRUCTION CONTRACT — COUNTY LINE ROAD
MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC)
GRANT FUNDED PROJECT
RECOMMENDATION: That City Council:
Award and authorize the Mayor to execute a contract in the amount of $451,691 with Three Peaks Corp. of Calimesa, CA for the County Line Road Mobile Source Air Pollution Reduction Review Committee (MSRC) Grant Funded Project — Project No. 11118; and
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2. Approve the amount of $50,000 for construction contract contingency and the amount of $45,000 for construction contract administration, survey, testing and inspection for a total project construction budget in the amount of $546,691; and
3. Authorize the City Manager, or his designee, to administer the terms of the contract; and
4. Approve the Plans and Specifications prepared for the Project.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
PUBLIC HEARING
11. SUBJECT: SG OPAL INC (CASE NO. 21-026/CUP/DA); A CONDITIONAL USE
PERMIT AND DEVELOPMENT AGREEMENT FOR THE PHASED DEVELOPMENT OF A COMMERCIAL CENTER THAT INCLUDES A FUEL STATION WITH A 9,000
SQUARE FOOT BUILDING THAT INCLUDES A CONVENIENCE STORE, QUICK SERVICE RESTAURANT, AND OFFICE SPACE, FUEL CANOPY WITH 16 FUEL DISPENSERS AND AN EXPRESS CARWASH, AND A 66-ROOM HOTEL WITH A ROOFTOP BAR AND RESTAURANT; LOCATED AT 32788 OAK GLEN RD; APN:
0301-174-07
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
Approve Conditional Use Permit No. 21-026 subject to the Conditions of Approval as contained in the Agenda Report; and
2. Adopt the Findings as contained in the Agenda Report; and
3. Approve Ordinance No. 419 and the Development Agreement as part of the proposed Project; 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.
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DISCUSSION: Mayor Beaver opened the Public Hearing Item No. 11. City Planner/Planning Manager Matlock presented the Agenda Report.
Public Comment
Jeffrey Scott, representative from Southwest Mountain States Regional Council of Carpenters, stated that he is a long-time resident of Yucaipa, lives between 2nd and 3rd Street and stated the proposed project will impact his daily commute. Mr. Scott stated that the City should require that the project is built with contractors that hire locally, pay prevailing wage, and utilize apprentices from State certificated apprenticeship programs.
Mr. Scott added that workforce requirements reduce construction related environmental impacts while benefiting the local economy and workforce development and referenced a variety of resources in support of the same.
Mayor Beaver closed the Public Hearing.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, FAILED DUE TO A LACK OF A SECOND, TO APPROVE STAFF RECOMMENDATION.
After further discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER THORP, CARRIED 4-1 (MAYOR PRO TEM DUNCAN VOTED NO), TO
CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING ON
JANUARY 23, 2023.
ANNOUNCEMENTS
City Attorney Snow announced the Closed Session items.
City Council Adjourned
CLOSED SESSION
PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE § 54957 — Performance Evaluation, Dismissal, Appointment. Title of position: City Manager PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE § 54957 — Performance Evaluation, Dismissal, Appointment. Title of position: City Attorney City Council reconvened.
City Attorney Graham, of the firm Cole Huber LLC, reported that the City Council voted 5-0 to dismiss the City Attorney, David Snow with Richards Watson and Gershon.
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City Attorney Graham reported that the City Council voted 5-0 to appoint Steven Graham as the City Attorney, effective immediately.
City Attorney Graham reported that the City Council voted 3-2 (Councilmembers Thorp and Venable voted no) to accept the retirement of Raymond Casey, effective January 31, 2023.
City Attorney Graham reported that the City Council voted 4-1 (Councilmember Thorp voted no) to appoint Chris Mann as the City Manager, effective March 1, 2023.
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be January 23, 2023 at 6:00 PM.
ATTEST: ? Justin Beaver, Mayor
Kimberly J. Metzler, City Clerk
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