Agenda Item No. 2
City of Yucaipa
City Council Minutes
Regular Meeting of January 23, 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 23, 2023 at 6-00 PM.
PRESENT: Justin Beaver, Mayor
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
Jennifer Crawford, Acting City Manager
Kimberly J. Metzler, City Clerk
Steven Graham, City Attorney
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The meeting was opened by Captain Landen with the Pledge of Allegiance led by Sheriffs Explorer Abby Hammond.
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Dan Crain, Yucaipa, expressed his concerns with the actions taken by the City Council at the meeting of January 9, 2023, as he referred to the City of Yucaipa Code of Conduct document.
Jamie Hillwig, Yucaipa, stated her opposition to the actions taken by Council at the January 9, 2023, City Council meeting and recommended that the City allow advertisements for the vacant positions of City Manager and City Attorney, Ms. Hillwig also stated her opposition to a change in the General Plan to allow the Serrano Estates development.
Steve Freeman, Yucaipa, expressed his concerns with the actions taken by the City Council at the meeting of January 9, 2023, and questioned campaign donations made to 2022 Yucaipa City Council candidates.
Russ Caldwell, Yucaipa, stated his opposition to the Serrano Estates development. Mr. Caldwell stated his concerns with the street lines/identifiers that are lacking on Yucaipa Boulevard between 3 d and 4 th Streets and on California Street between Avenue D and Avenue E.
Director of Development Services/City Engineer Preciado responsed to issues raised by Mr.
Caldwell.
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Diane Smith, Yucaipa, commended Councilmember Thorp on his motion to continue agenda items related to the consideration of a City Manager Agreement with Chris Mann and City Attorney Agreement with Steven Graham at the January 9, 2023, City Council meeting. Ms. Smith encouraged the Council to continue to be open and transparent and work to regain the public's trust.
Colleen Wang, Yucaipa, expressed her concerns with the recommended appointment of Chris Mann as the City Manager and offered opinion pertaining to Chris Mann's professional background.
Linda Roberts -Ross, Yucaipa, stated that she has been a long-time resident of the community and owns and operates her business in Yucaipa. Ms. Roberts -Ross stated her opposition to the actions taken by the City Council at the January 9, 2023, City Council meeting and stated that it was done so in violation of the City's Municipal Code.
• Hey, Yucaipa, stated his • with the actions taken by the City Council at the meeting •' January • 2023, City Council meeting and suggested that consideration • the removal and replacement of the City Manager and City Attorney are not conducted in closed session but heard in open •I
Amy Simmons, Yucaipa, stated that she is President of Yucaipa Friends of the Library and reminded the Council of the proposed new library and the positive feedback that has been received by the prospect of a new library. Ms. Simmons requested representation on any library advisory committee established by the City. Finally, Ms. Simmons expressed her concerns with the negative comments made pertaining to local developers.
Kevin Miskin, Yucaipa, expressed his concerns with the actions taken by the City Council at the meeting of January 9, 2023, and requested that the Council reverse the decision to remove the City Manager and City Attorney.
Kathy Sellers, Yucaipa, expressed her concerns with the actions taken by the City Council at the • of January •; 2023, and suggested that a • process is allowed '• the adequate replacement of the City Manager and City Attorney.
Denise Work, Yucaipa, stated her concerns with the apparent disregard of local laws and regulations that govern local officials and made reference to the Brown Act as it pertains to serial meetings.
Nyles O'Harra, Yucaipa, expressed his opinion of Chris Mann and his professional capabilities and encouraged residents to analyze the facts before making judgement.
Kristine Mohler, Yucaipa, provided clarification of the vote to accept City Manager Casey's retirement and stated that this Council was the first to fire a City Manager that was voted outstanding by the League of California Cities.
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Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.
RECOMMENDATION. That City Council approve City Council Minutes of January 23, 2023.
2. SURJECT- 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. SUMJECT- EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE T4
THE NORM 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: CHANGE ORDER — 2 ND STREET & 3RD STREET AT AVENUE E ROUNDABOUTS ELECTRICALILIGHTING & HARDSCAPE PROJECT— PROJECT NO. 11165
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bAllocating the amount of $19,441 in 2021 Homeland Security Grant (Police Department) funds to the Uptown Bollard Installation Project; and C. Allocating the amount of $5,129 in Pavement Manage Program Local Match for State/Federal Grant funds to the Uptown Bollard Installation Project; and
2. Approve and authorize the City Manager to execute a Change Order to the contract with Three Peaks Corporation in the amount of $80,608. 10 and adding the Uptown Bollard Installation Project to the contract for the 2nd Street & 3rd Street at Avenue E Roundabouts Electrical/Lighting & Hardscape Project — Project No. 11165.
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&URIECT- FACILITY USE AGREEMENTS BETWEEN THE CITY OF YUCAIPA
AND VARIOUS SPORTS ORGANIZATIONS
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13 Approve and authorize the City Manager to execute Facility Use Agreements between the City of Yucaipa and the following sports organizations:
Yucaipa Valley Youth Soccer Organization
Yucaipa Pickleball Inc.
Yucaipa Valley American Little League
Yucaipa Valley National Little League
Yucaipa-Calimesa American Softball Association
Yucaipa Youth Basketball, Inc.
Yucaipa Junior All American Football and Cheer, Inc.
Spartans F.C.
Yucaipa Swim Team
Sand Canyon Water Polo Club Inc.
2. Authorize the City Manager or a designee to administer the terms of the Agreements.
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Consent Agenda Item No. 6 was continued to a future City Council meeting at the January 23, 2023, Special meeting.
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Mayor Beaver stated he sought election in 2020 to address the concerns of the community as it relates to the safety of residents in response to reckless decisions made in Sacramento. Mayor Beaver stated that as it pertains to the proposed appointment of Chris Mann, as Mayor, he responded to the problem of needing a City Manager and is confident in his decision based on months of careful due diligence.
Mayor Beaver read public comment into record submitted by Martha Glubka and responded to concerns related to the possibility of a General Plan amendment, contracts for police and fire/paramedic services, and the City Manager appointment. Finally, Mayor Beaver called for the support of the community to trust in his leadership.
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1. Adopt the Amended and Reinstated 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) that provides for an updated boundary exhibit; and
2. Appoint a member of the public to serve on the Public Financing Authority Board or provide direction to staff, as appropriate; and
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14 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.
Applicant, Alexa Sonck, addressed the Council and stated that she is a proud Yucai resident and looks forward to the possibility of serving the community. I After Council discussion, the following Motion was made:
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2. Authorize a contract contingency in the amount of $t5,000.00 and the amount of $5,000.00 for design contract administration and permitting for a total budget of $169,702.46 for the project.
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Patti Ingram, Yucaipa, stated that she is the President of Yucaipa Pickleball Inc. and is excited about the award of contract for a pickleball court cover. Ms. Ingram provided information on the health benefits of pickleball and stated that rain or shine, pickleball enthusiasts of all ages will enjoy this permanent court.
After Council discussion, the following Motion was made:
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9. SERJ-ECT- AT&T FIRSTNET AND NATIONWIDE PUBLIC SAFETY
BROADBAND NETWORK (NPSBN)
RECOMMENDATION: That City Council approve an Equipment/Service Purchase Agreement in the amount of $35,000 per fiscal year, in a form approved by the City Attorney, with FirstNet/AT&T for the wireless service and equipment for the City of Yucaipa; and authorize and direct the City Manager to execute the Agreement on behalf of the City.
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After Council discussion, the following Motion was made:
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City Council adjourned. Successor Agency convened. (Successor Agency proceedings M-s contained in separate Minutes)
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Successor Agency adjourned. Housing Authority convened. (Housing Authority proceedings ao* contained in separate Minutes)
ADJOURN HOUSING AUTHORITY AND CONVENE CITY COUNCIL
Housing Authority adjourned. City Council reconvened.
Agenda Item No. 10 was continued to a future City Council, Successor Agency, and Housing Authority meeting at the January 23, 2023, Special meeting.
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16 10. 811B-JECT- 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 %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- 030t-174-07 (CONTINUED FROM 111-E JANUARY 9, 2023, CITY COUNCIL COMMENDATION: That the City Council continue a public hearing and consider the Planning Commission's recommendation to:
1. 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.
DISCUSSION: Mayor Beaver opened the Public Hearing Item No. 11. City Planner/Planning Manager Matlock presented the Agenda Report.
Public Comment
Rafael Legido, representative from Southwest Mountain States Regional Council of Carpenters, stated that his organization represents thousands of members that live and work locally, many of which are constituents. Mr. Legido 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.
Alex Patel, Applicant, stated that he grew up in Yucaipa, lives in Yucaipa and owns and operates a business in Yucaipa. Mr. Patel stated that he is excited at the prospect of building a quality hotel for his own family as well as for visitors to the community. Mr.
Patel added that he is looking to build electric vehicle charging stations.
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17 After Council discussion, the following Motion was made:
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1. Conduct a Public Hearing and subsequently adopt Resolution No. 2023-01, approving the annexation of Tract Map No. t7349 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1; and
DISCUSSION: Mayor Beaver opened the Public Hearing Item No. 12. Director of Development Services/City Engineer Preciado presented the Agenda Report.
Public Comment
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ABSENT), TO APPROVE STAFF RECOMMENDATION.
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MOTION: If the City Council concurs with staff s recommendation, the following motion is provided:
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to the City Council meeting of March 13, 2023." (CONTINUED FROM NOVEMBER 28, 2022)
Public Comment
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After Council discussion, the following Motion was made:
A—CTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBE I VENABLE, CARRIED 4-0-1-0 (MAYOR PRO TEM DUNCAN ABSENT), T I CONTINUE THE PUBLIC HEARING FOR ANNUAL ADJUSTMENT 0
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7171==er — —ya o4.eo is MIT ay�Toac 1 fig ali'l- elico'l-rageci be on the lookout for tickets that will be going on sale soon. Mayor Beaver also mentioned upcoming Yucaipa Performing Arts Center events.
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The meeting adjourned. The next regularly scheduled meeting will be February 13, 2023 at 6:00 PM.
ATTEST:
Kimberly J. Metzler, City Clerk
Justin Beaver, Mayor
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