Agenda Item No.
City of Yucaipa
City Council Minutes
Regular Meeting of February 27, 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 February 27, 2023 at 6:00 PM.
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Chris Venable, Councilmember
Fermin Preciado, Acting City Manager
Kimberly J. Metzler, City Clerk
Steven Graham, City Attorney
ABSENT: Jon Thorp, Councilmember
Jennifer Crawford, Assistant City Manager
CONVENE CITY COUNCIL
The meeting was opened with the Pledge of Allegiance led by Sergeant Jacome.
Mayor Beaver referenced the rules of procedure for City Council meetings (Resolution No. 2021- 12) as it relates to the enforcement of order, decorum, and the ceding of time and respectfully requested that all in attendance observe the rules as prescribed.
Acting City Manager Preciado requested that the City Council consider adding an Urgency Item to the Agenda to be heard as the first item under Department Reports (Item 9A) entitled "Letter of Support — City of Calimesa Community Project Funding Request — County Line Road Improvement Project," and reported the need to take action on the item before the next Council meeting.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO ADD URGENCY ITEM NO. 9A TO BE HEARD AS THE FIRST ITEM UNDER DEPARTMENT REPORTS.
City Attorney Graham requested that the City Council consider adding an additional Closed Session Item to the Agenda (Government Code § 54957 — Personnel, Evaluation of the City Manager) to be heard as the first item on the Agenda and to report the findings.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1-0 (COUNCILMEMBER THORP
ABSENT), TO ADD AN ADDITIONAL CLOSED SESSION ITEM PERTAINING TO GOVERNMENT CODE § 54957 — PERSONNEL, EVALUATION OF THE CITY City Council Minutes Page 1 of 8
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MANAGER, TO BE HEARD AS THE FIRST ITEM ON THE AGENDA AND TO REPORT THE FINDINGS.
Kathy Sellers, Yucaipa, requested that the findings from the background investigation conducted on Chris Mann be reported in open session.
City Attorney Graham confirmed that the findings from the background investigation will be reported in open session.
City Council adjourned to Closed Session at 6:06 p.m.
CLOSED SESSION
PUBLIC EMPLOYMENT Pursuant to Government Code § 54957 — Personnel, Evaluation of the City Manager
City Council reconvened at 6:49 p.m.
City Attorney Graham reported that the background investigation exposed nothing disqualifying pertaining to Chris Mann, no inappropriate actions or unlawful activity were found, and that a full report is expected to be released to the public within a few days.
PUBLIC COMMENT
Ann Hartung, Yucaipa, expressed her opposition to the hiring of Chris Mann as City Manager and Steven Graham as City Attorney.
Caecilia Johns, Yucaipa, stated her opposition to the recent decisions of the Council to hire Chris Mann as City Manager.
David Duron, Yucaipa, stated that the City Council installed Chris Mann to control the North Bench.
Joel McCabe, Yucaipa, questioned the recent decisions of the Council pertaining to the hiring of Chris Mann as City Manager.
Diane Smith, Yucaipa, urged Councilmember Venable to change his position on the consultant and questioned the contributions of Chris Mann to Councilmember Garner's and Venable's campaign.
Lloyd Rekstad, Yucaipa, stated his opposition to the hiring of Chris Mann as City Manager.
City Attorney Graham provided clarification to public comment pertaining to the appointment of Chris Mann as City Manager, the employment agreement approved by the Council, and the background investigation performed and reported on during open session.
Kathy Sellers, Yucaipa, stated her opposition to the recent decisions of the Council.
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George Sardeson, Yucaipa, questioned the recent decisions of the Council.
City Attorney Graham provided clarification to questions raised during public comment pertaining to the consultant services provided by Chris Mann.
Kevin Miskin, Yucaipa, questioned the approved City Manager Employment Agreement.
City Attorney Graham provided clarification to comments made pertaining to the retirement of Ray Casey and the approved City Manager Employment Agreement.
Robin Miskin, spoke on behalf of Lucinda Brinks, stated her opposition to the hiring of the new City Manager and requested that the contract is voided.
City Attorney Graham provided details pertaining to the background investigation of Chris Mann and confirmed no impropriety or illegality on the part of Chris Mann.
Cesar Roldan, Yucaipa, offered support to the Mayor, Councilmembers, and City staff.
Ray Snodgrass, Yucaipa, express his support of the Council and of the newly appointed City Manager.
Kristine Mohler, Yucaipa, stated that in regard to the Closed Session item that references anticipated ligitation, the General Plan is defensible.
City Attorney Graham provided additional clarification pertaining to public comment concerning the City Manager Employment Agreement.
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 THE SPECIAL CITY COUNCIL MINUTES OF JANUARY 30, 2023
RECOMMENDATION: That City Council approve the Special City Council Minutes of January 30, 2023.
2. SUBJECT: APPROVE THE REGULAR CITY COUNCIL MINUTES OF FEBRUARY 13, 2023
RECOMMENDATION: That City Council approve the Regular City Council Minutes of February 13, 2023.
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3. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
4. SUBJECT: ACCEPTANCE OF CONTRACT WORK - PHASE 1 CONSTRUCTION OF
THE DUNLAP BOULEVARD BRIDGE REMOVAL AND REPLACEMENT PROJECT AT WILSON CREEK CHANNEL — PROJECT NO. 11098
5. 6.
RECOMMENDATION: That City Council:
1. Accept the contract and extension work completed by Wright Construction Engineering Corporation of San Marcos, CA. in the revised amount of $1,134,109.20 for the Phase 1 Construction of the Dunlap Boulevard Bridge Removal and Replacement Project at Wilson Creek Channel — Project No. 11098; and
2. Approve the final payment for the Project; and
Authorize the recordation of the revised Notice of Completion for the Project.
4. Authorize a payment in the amount of $58,690 to WHWC for the required relocation of domestic water infrastructure.
SUBJECT: ACCEPTANCE OF CONTRACT WORK - LEFT TURN PHASING TRAFFIC SIGNAL MODIFICATION AT VARIOUS LOCATIONS— PROJECT NO. 11142 RECOMMENDATION: That City Council:
Accept the contract work completed by Alfaro Communications Construction, Inc. (Contractor) in the amount of $518,808.66 for the Left Turn Phasing Traffic Signal Modification at Various Locations — Project No. 11142 (Project); and
2. Authorize the recordation of the Notice of Completion for the Project; and Approve the final payment to the Contractor for the Project.
SUBJECT: MONTHLY TREASURER'S REPORT: JANUARY 2023
RECOMMENDATION: That City Council receive and file the Monthly Treasurer's Report for January 2023.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 6.
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MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
Mayor Pro Tern Duncan read a statement into record pertaining to his absence from a recent Council meeting and additional comment regarding the public opposition to recent decisions of the Council.
POSSIBLE ACTION ON PENDING LEGISLATION
7. SUBJECT: SENATE BILL 44 — ALEXANDRA'S LAW
RECOMMENDATION: That City Council review and approve a letter of support for Senate Bill 44 (SB 44) — Alexandra's Law by Senator Thomas J. Umberg (D — Orange County).
DISCUSSION: Public Information Officer/Grants Coordinator Massoud presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
8. SUBJECT: ASSEMBLY BILL 335 — PROPOSITION 47 REPEAL
RECOMMENDATION: That City Council review and approve a letter of support for Assembly Bill 335 by Assemblymember Juan Alanis (R — Modesto) to repeal Proposition
47. DISCUSSION: Public Information Officer/Grants Coordinator Massoud presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER VENABLE, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
DEPARTMENT REPORTS
9A. SUBJECT: LETTER OF SUPPORT — CITY OF CLAIMESA COMMUNITY PROJECT
FUNDING REQUEST FOR THE COUNTY LINE ROAD IMPROVEMENT PROJECT RECOMMENDATION: That City Council approve and authorize the Mayor to execute a letter supporting the City of Calimesa's Congressional Community Project Funding request under the FY2024 Apropriations process for the County Line Road Improvement Project..
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
City Council Minutes
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ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
9. SUBJECT: MEMORANDUM OF UNDERSTANDING FOR THE YUCAIPA GATEWAY CENTER PROJECT DEVELOPMENT AGREEMENT AMENDMENT —
HADDAD (ACAA, LLP)
RECOMMENDATION: That City Council approve and authorize the Mayor to execute a Memorandum of Understanding (MOU) regarding an amendment to the Development Agreement (Document No. 2015-0271338) between the City of Yucaipa and ACAA, a Limited Partnership related to the development of a commercial center at the southwest corner of Oak Glen Road and 141h Street.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
10. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — SAN BERNARDINO
COUNTY SHERIFF ACADEMY
RECOMMENDATION: That City Council:
1. Approve a Special Event Permit Application submitted by San Bernardino County Sheriff Academy (Class 230) to hold a cornhole charity event, on Friday March 3, 2023; and
2. Approve the use of two City owned portable flood lights and 36 barricades for the event; and
3. Waive the Special Event Permit Application Fee of $200.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
11. SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENTS — ON -CALL
PROFESSIONAL REAL ESTATE APPRAISAL SERVICES
RECOMMENDATION: That City Council:
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l . Award and authorize the Mayor to execute a Professional Services Agreement (PSA), and the City Manager or his designee to administer the terms of the PSA with Integra Realty Resources of Encino, California, in the not -to -exceed amount of $190,000 for providing On -Call Professional Real Estate Appraisal Services for FY2022/2023 and FY2023/2024; and
2. Award and authorize the Mayor to execute a PSA and the City Manager or his designee to administer the terms of the PSA with Bender Rosenthal, Inc. of Pasadena, California, in the not -to -exceed amount of $98,000 for providing On -Call Professional Real Estate Appraisal Services for FY2022/2023 and FY2023/2024.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
12. SUBJECT: FLOOD CORRIDOR PROGRAM — GRANT FUNDING AGREEMENT NO. 3 WITH THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES RECOMMENDATION: That City Council:
1. Authorize the Mayor to execute an agreement with the State of California Department of Water Resources (DWR) for the Oak Glen Creek Open Space Acquisition Project through the Flood Corridor Program (Grant Program); and
2. Amend the FY2022/2023 Capital Improvement Program by adjusting the amount from $337,358 to $279,504.28 in grant funding from the Floodway/Flood Protection Corridor Grant Program for the Oak Glen Creek Open Space Acquisition Project.
DISCUSSION: Assistant City Engineer Kern presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
13. SUBJECT: 2023 YUCAIPA MUSIC AND ARTS FESTIVAL
RECOMMENDATION: That City Council:
Review and approve the 2023 Yucaipa Music and Arts Festival layout and associated street closures; and
2. Increase the Budget for Community Services Special Events by $7,000; and City Council Minutes Page 7 of 8
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Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications in accordance with the City of Yucaipa Municipal Code Section 2.24.060 and Ordinance No. 42; and
4. Authorize the City Manager to award, execute and administer the terms of the contract and purchase order with Harbour Productions for entertainment and production in the not to exceed amount of $54,598 for the 2023 Yucaipa Music and Arts Festival.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1-0 (COUNCILMEMBER THORP ABSENT), TO APPROVE STAFF RECOMMENDATION.
ANNOUNCEMENTS
Mayor Pro Tern Duncan announced the Yucaipa Rodeo event on March 3 1 " and April 1st at the Yucaipa Equestrian Center.
City Attorney Graham announced the Closed Session item.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9, (1) Item — Fallbrook Meadows Application Denial
ADJOURNMENT
The meeting adjourned. The next regularly scheduled meeting will be March 13, 2023 at 6:00 PM.
ATTEST: Justin Beaver, Mayor
Kim erly J. Metzler, City Clerk
City Council Minutes
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