City of Yucaipa
City Council Minutes
Regular Meeting of March 13, 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 March 13, 2023 at 6:00 PM.
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tem
Matt Garner, Councilmember
Chris Venable, Councilmember
Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
ABSENT: Kimberly Metzler, City Clerk
CONVENE CITY COUNCIL
The meeting was opened by Lieutenant Scovel with the Pledge of Allegiance led by Sheriff's Explorer Abigail Hamman.
EMPLOYEE INTRODUCTION
Mayor Beaver officially welcomed Chris Mann as the new City Manager. City Manager Mann expressed his excitement for the opportunity to serve as City Manager in the city he lives in. Mr.
Mann is looking forward to pursuing key initiatives that will enhance the quality of life in our community so that Yucaipa remains the best city to live and raise a family —for your family and his.
PUBLIC COMMENT
Athur Walter, Yucaipa, expressed his opposition to recent actions taken by the City Council concerning retirement of Ray Casey and the appointment of Chris Mann as City Manager.
City Attorney Graham provided clarification to public comment pertaining to the retirement of City Manager Ray Casey and the appointment of Chris Mann as City Manager.
David Duron, Yucaipa, stated that after reaching out to the League of California Cities, Mr. Duron discovered that the League publicly advertises job announcements and requested that the Council revisit the appointment and openly advertise the position of City Manager.
Richard Galves, Yucaipa, stated that he has received a number of letters from Code Enforcement pertaining to a covered patio and requested the assistance of the Council to resolve long-standing issue.
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Kristine Mohler, spoke on behalf of Kathy Sellers, stated her opposition to the hiring of Chris Mann as City Manager and the recent actions of the City Council.
Sherry Todd, Yucaipa, stated her opposition to the proposed General Plan amendment to support a wine making community and the recent decisions of Council pertaining to the appointment of Chris Mann as City Manager.
Jeff Kreidel, Yucaipa, expressed his support of the recent clarifications provided by the City Attorney in response to public comment. Mr. Kreidel also read a letter into record from the Superintendent of Schools pertaining to declining enrollment of K-12 students and Yucaipa- Calimesa Joint Unified School District's ability to accommodate additional students District -wide.
Travis Heaps, Yucaipa, provided clarification to recent public comment as it relates to proposed development projects and amendments to the General Plan.
Craig Heaps, Yucaipa, provided examples of past, approved Yucaipa General Plan amendments and stated that the Serrano Estates project does not propose a General Plan amendment.
Martha Glubka, Yucaipa, stated her concerns pertaining to recent decisions of the City Council as well as her opposition to re -zoning of the North Bench area.
Colleen Wang, Yucaipa, stated her concerns with the recent decisions of the Council pertaining to the hiring of Chris Mann as City Manager.
Hansen Wang, Yucaipa, stated that City Staff is helpful and friendly and he is seeking the same when new staff members take their positions. Mr. Wang stated that he would like to know what City Manager Mann has planned for the city within the first 6 months of his employment and stressed the importance of transparency and public perception.
Ann Hartung, Yucaipa, stated that the contractor that is paving city streets is not doing a good job.
Stephanie Harlan, Yucaipa, stated that enrollment in public schools is on the decline throughout the State. Ms. Harlan expressed concerns with the recently approved City Manager Employment Agreement.
City Attorney Graham provided clarification to the approved City Manager Employment Agreement.
City Manager Mann provided further clarification pertaining to the approved City Manager Employment Agreement and assured the Council that he will perform the full-time job of the City Manager for the City of Yucaipa.
Bill Tiabury, Yucaipa, stated that the new traffic signals (with yellow flashing lights) and unclear street signage are potentially contributing to traffic accidents.
Director of Development Services Preciado provided information in response to public comment.
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Johanne Dyerly, Yucaipa, expressed her concerns with the recent decisions of the Council pertaining to the retirement of Ray Casey and the appointment of Chris Mann as City Manager.
Diane Smith, Yucaipa, questioned the process and correction of misinformation during public comment and suggested an ordinance to prohibit the use of cell phones during public meetings.
Mayor Beaver responded to and provided clarification to public comment.
Denise Work, Yucaipa, provided clarification pertaining to how local government works and insisted that the Council listen to their constituents.
Ray Snodgrass, Yucaipa, stated his concerns pertaining to allegations made during public comment.
Caecilia Johns, Yucaipa, addressed Mayor Pro Tern Duncan's comments from the previous City Council Meeting.
Robin Miskin, Yucaipa, provided clarification to comments made by Mayor Pro Tern Duncan pertaining to proposed zoning changes in the North Bench area of Yucaipa. Ms. Miskin requested, on behalf of concerned residents, a time for area resident rebuttal following applicant rebuttal during the public hearing process.
Cesar Roldan, Yucaipa, stated that the City Council has support for the hiring of the new City Manager. Mr. Roldan offered prayers for the Council and the community.
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 FEBRUARY 27, 2023 RECOMMENDATION: That City Council approve City Council Minutes of February 27, 2023.
2. 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.
3. SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2022
RECOMMENDATION: That City Council receive and file the Annual Comprehensive Financial Report for the year ended June 30, 2022, and other related audit reports.
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4. SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT — INTENT TO
PARTICIPATE CERTIFICATION
RECOMMENDATION: That City Council:
1. Authorize the City Manager to execute the Intent to Participate Certification with San Bernardino County for FY25, FY26, and FY27, and
2. Approve the use of $4,305 from the City's available uncommitted funds from prior years to address program allocation shortfall.
5. SUBJECT: OPIOID SETTLEMENTS — TEVA, ALLERGAN, CVS, WALGREENS,
WALMART
RECOMMENDATION: That City Council:
1. Review and approve Resolution No. 2023-05; and
2. Authorize the City Manager to execute Participation Forms and California Intrastate Allocation Agreements for each proposed national opioid settlement.
6. SUBJECT: AWARD OF CONTRACT — PURCHASE OF 2022 BRAUN VOYAGER
LX LOW -FLOOR ADA MINIVAN
RECOMMENDATION: That City Council:
1. Award and authorize the City Manager to execute a purchase contract with Creative Bus Sales, for the acquisition of one new, 2022 Braun Voyager LX Low -Floor Minivan in the amount of $71,115.19; and
2. Award and authorize the City Manager to execute a purchase contract with Sunrise Ford, for the acquisition of one, 2016 Ford Transit 15 Passenger van in the amount of $47,533.97; and
3. Authorize an increase in the Fiscal Year 2022/2023 Senior Services expense budget in the not to exceed amount of $12,000. ,
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK — DEMOLITION OF RESIDENTIAL STRUCTURE AT 35110 COUNTY LINE ROAD — PROJECT NO. 11113
RECOMMENDATION: That City Council:
1. Accept the contract and extension work completed by LCR Earthworks & Engineering Corp. in the amount of $36,632 for the Demolition of Residential Structure at 35110 County Line Road — Project No. 11113 (Demolition Project); and
2. Approve the final payment to the LCR Earthworks & Engineering Corp. for the Demolition Project; and
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3. Authorize the recordation of the Notice of Completion for the Demolition Project.
8. SUBJECT: ADOPTION OF RESOLUTION 2023-06, THE CITY OF YUCAIPA
LOCAL HAZARD MITIGATION PLAN UPDATE
RECOMMENDATION: That City Council adopt Resolution No. 2023-06, adopting the City of Yucaipa Local Hazard Mitigation Plan Update, authorizing future non -substantive amendments to the Plan, and rescinding Resolution No. 2016-36.
9. SUBJECT: TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 GRANT
FUNDING REIMBURSEMENT
RECOMMENDATION: That City Council adopt Resolution No. 2023-04 authorizing staff to file reimbursement claim forms for Transportation Development Act, Article 3 grant funds in the amount of $89,728 for the Oak Glen Road Bicycle and Pedestrian Facility Improvements Project — Project 11125.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-0-1 (COUNCILMEMBER THORP ABSTAINED), TO APPROVE APPROVE CONSENT AGENDA ITEM NO. 1.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO.2 THROUGH 9.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
10. SUBJECT: FISCAL YEAR 2022/2023 COMMUNITY ACTIVITY GRANT IN -KIND
REQUESTS & COMMUNITY ACTIVITY GRANT PROGRAM GUIDELINES & FUNDING LEVELS FOR FISCAL YEAR 2023/24
RECOMMENDATION: That City Council:
1. Review and consider the Fiscal Year (FY) 2022/2023 Community Activity Grant (CAG) Application submitted by the Yucaipa Valley Lions Club requesting $324 for in -kind support to waive the rental fees for the Community Center Meeting Room to hold monthly board meetings through June 2023; and
2. Review and consider the FY 2022/2023 CAG Application submitted by the Yucaipa Equestrian Committee requesting $2,125 for in -kind support to waive the rental fees for the Yucaipa Performing Arts Center (YPAC) to hold the 2023 Rodeo Queens Coronation Dinner & Dance; and
3. Determine that the Yucaipa Equestrian Committee should be exempt from the CAG Guideline that prohibits the programming for and rental of the YPAC, if their CAG is awarded; and
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4. Review the CAG program guideline options and provide direction as appropriate; and
5. Provide direction on the appropriate Fiscal Year 2023/2024 funding levels for in- kind/fee waiver grants, $40,000 currently, and financial grants, $17,500 currently, or adjust the funding levels as deemed appropriate.
DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.
Diane Smith, questioned the fairness of staff s proposed recommendation pertaining to the approval of applications received for in -kind support from the Lions Club and the Yucaipa Equestrian Committee.
City Manager Mann, Assistant City Manager Crawford, and Director of Community Services Wolfe addressed public comment.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION ITEMS NO. 1 THROUGH 3.
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER THORP, CARRIED 5-0, TO MAINTAIN CURRENT GUIDELINES AND FUND $17,500 FOR FINANCIAL REQUESTS AND $40,000 FOR IN-KIND/FEE WAIVER REQUESTS.
11. SUBJECT: MOBILEHOME RENT REVIEW COMMISSION PROCESS
RECOMMENDATION: That City Council direct the issuance of a Request for Proposal seeking Mobilehome Rent Stabilization Hearing Officer services in place of the MRRC processes and approve the elimination of the appeal process.
DISCUSSION: Assistant City Manager Crawford and City Attorney Graham presented the Agenda Report.
Jo Sutt, Yucaipa, stated her preference for a five member commission but acknowledged the challenges with maintaining full membership of the Mobilehome Rent Review Commission. Ms. Sutt suggested an increase to the stipend in order to stimulate interest in membership.
Shirley Dalton, Chairperson of the Yucaipa Mobilehome Residents Association (YMRA), requested the support of the City Council to approve staff s recommendation to seek the services of a Mobilehome Rent Stabilization Hearing Officer in place of the MRRC process.
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Julie Paule, representative of the Western Manufatured Housing Communities Association (WMA), confirmed that mobilehome park owners agree with the YMRA to support staff recommendation.
Mark Westwood, Yucaipa, stated his concerns and opposition, as a resident of a mobilehome park, with the proposed change to the MRRC process.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 4-1 (COUNCILMEMBER VENABLE VOTED NO), TO APPROVE STAFF RECOMMENDATION.
POSSIBLE ACTION ON PENDING LEGISLATION
None
DEPARTMENT REPORTS
12. SUBJECT: GENERAL FUND BUDGET ADJUSTMENT/SALARY SCHEDULE AMENDMENT (CONTINUED FROM THE FEBRUARY 13, 2023, CITY COUNCIL
MEETING)
RECOMMENDATION: That City Council:
1. Approve an amendment to the Fiscal Year 2022-2023 Annual Budget for Salary and benefits; and
2. Adopt Resolution No. 2023-02, amending Resolution No. 2022-63, amending the Management, Supervisory and Confidential Salary, Benefit and Classification Plan effective March 15, 2023.
a. Revising salary range for current Assistant City Manager position to "Per Contract"; and
b. Revising salary for City Manager position to "Per Contract"; and C. Creating one (1) position of Director of General Services/City Clerk, Salary Range 57 ($149,352-$186,520); and
d. Creating one (1) position of Director of Governmental Affairs/Public Information Officer, Salary Range 57 ($149,352-$186,520); and e. Reallocating the position of Public Information Officer/Grants Coordinator (Confidential), Salary Range 29 ($74,807-$93,423) to Management Analyst (Confidential), Salary Range 29 ($74,807-$93,423); and
f. Reallocating the position of City Clerk/ Deputy Rent Administrator, Salary Range 39 ($95,759-$119,590) to Deputy City Clerk/ Deputy Rent Administrator/Records Technician (Confidential), Salary Range 39 ($95,759- $119,590); and
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g. Eliminating one (1) position of Deputy City Clerk/Records Technician (Confidential), Salary Range 28 ($72,982-$91,145).
DISCUSSION: City Manager Mann presented the Agenda Report.
Diane Smith, Yucaipa, stated that the City Manager's speech has provided her some hope that staff is recognized and valued. Ms. Smith stated her support of the comments made pertaining to public safety (provided by the San Bernardino County Sheriff and CAL Fire) and communication with the community.
Hansen Wang, Yucaipa, referenced the discussion from a prior Council meeting to shelve the new positions for review of a classification and compensation study.
Kristine Mohler, Yucaipa, stated her opposion to the proposed changes to the General Fund budget.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
BEAVER, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION AND TO
DIRECT STAFF TO INITIATE THE REQUEST FOR PROPOSAL PROCESS FOR A CLASSIFICATION AND COMPENSATION STUDY.
City Council adjoured. City Council reconvened.
13. SUBJECT: CONFIRE CONTRACT AGENCY AGREEMENT
RECOMMENDATION: That City Council:
1. Authorizes the City Manager to enter into an agreement with Consolidated Fire Agencies (CONFIRE) with the intention to join and participate in the EMS Division, which would not pertain to dispatching services provided by CONFIRE through the dispatch division; and
2. Approve a budget adjustment for the initial contract agency fee of $41,398.
DISCUSSION: Chief Malinowski presented the Agenda Report.
Diane Smith, Yucaipa, questioned why this item is now being presented before the Council and urged the Council to be cautious before entering into a contract with CONFIRE.
Hansen Wang, Yucaipa, stated that our current response time is poor with the current ambulance provider.
After Council discussion, the following Motion was made:
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14. 15.
16. ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: CITY OF YUCAIPA EXTERNSHIP AGREEMENT WITH SAN
BERNARDINO COMMUNITY COLLEGE DISTRICT
RECOMMENDATION: That City Council authorize the Fire Chief to enter into an agreement with the San Bernardino Community College District (SBCCD) for student unpaid field internship experience.
DISCUSSION: Chief Malinowski presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: PAVEMENT MANAGEMENT PROGRAM UPDATE
RECOMMENDATION: That City Council:
1. Review and approve the FY2023/2024 Pavement Management Program update; and
2. Approve the recommended pavement maintenance and rehabilitation project for 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 5-0, TO APPROVE STAFF
RECOMMENDATION.
SUBJECT: DISCUSSION/DIRECTION REGARDING ON -CALL POTHOLE REPAIR RECOMMENDATION: That City Council hold a discussion and provide direction on issuing a Request for Proposals for On -Call Pothole Repair Services.
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 GARNER, CARRIED 5-0, TO APPROVE THE ISSUANCE
OF A REQUEST FOR PROPOSAL PROCESS FOR POTHOLE REPAIR
SERVICES.
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PUBLIC HEARING
17. SUBJECT: ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES (CONTINUED FROM THE JANUARY 23, 2023, CITY COUNCIL MEETING) RECOMMENDATION: That City Council conduct a public hearing and adopt Resolution No. 2022-59, rescinding Resolution No. 2021-64, and amending Resolution No. 93-39, establishing a schedule of revised Development Impact Fees.
DISCUSSION: Mayor Beaver opened the Public Hearing Item No. 17. City Planner/Planning Manager Matlock presented the Agenda Report.
Public Comment
None
Mayor Beaver closed the Public Hearing.
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.
STUDY SESSIONS
18. SUBJECT: DISCUSSION/DIRECTION REGARDING AGGRESSIVE
SOLICITATION ORDINANCE
RECOMMENDATION: That City Council hold a discussion and provide direction on enacting an Aggressive Solicitation Ordinance.
DISCUSSION: City Manager Mann and City Attorney Graham presented the Agenda Report.
After discussion, it was Council consensus to return to Council with an ordinance at the earliest opportunity.
19. SUBJECT: DISCUSSION/DIRECTION REGARDING PUBLIC SMOKING
ORDINANCE
RECOMMENDATION: That City Council hold a discussion and provide direction on enacting a Smoking in Public Places Ordinance.
DISCUSSION: City Attorney Graham presented the Agenda Report.
After discussion, Council did not reach consensus to move forward with this item.
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20. SUBJECT: DISCUSSION/DIRECTION REGARDING CHAPTER 12.06 - CAMPING RECOMMENDATION: That City Council hold a discussion and provide direction on updating the City of Yucaipa's camping ordinance (Chapter 12.06) to ensure compliance with the 91h Circuit Court of Appeal decision in Boise v. Martin.
DISCUSSION: City Attorney Graham presented the Agenda Report.
After discussion, it was Council consensus to return to Council with a camping ordinance to ensure compliance with the 9th Circuit Court of Appeal decision in Boise v. Martin.
21. SUBJECT: DISCUSSION/APPROVAL OF AMENDMENTS TO RULES OF
PROCEDURE
RECOMMENDATION: That City Council adopt Resolution No. 2023-07, rescinding Resolution No. 2021-12 amending the Rules of Procedure for City Council meetings.
DISCUSSION: City Attorney Graham presented the Agenda Report.
Diane Smith, Yucaipa, expressed her concerns with the proposed amendments to the rules of procedure.
Hansen Wang, Yucaipa, stated that the item may have been better presented on its own rather than have it reference Rosenberg's Rules of Order if the resolution does not follow Rosenberg's Rules of Order.
George Sardeson, Yucaipa, stated his opposition to amendments to the rules of procedure pertaining to restrictions to public comment.
Kristine Mohler, Yucaipa, stated her opposition to amendments to the rules of procedure and urged the Council to not limit public comment.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER VENABLE, CARRIED 3-2 (MAYOR PRO TEM DUNCAN AND
COUNCILMEMBER THORP VOTED NO), TO APPROVE THE ADOPTION OF RESOLUTION NO. 2023-07, RESCINDING RESOLUTION NO. 2021-12 AMENDING THE RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS.
22. SUBJECT: DISCUSSION/DIRECTION REGARDING SUNSHINE ORDINANCE RECOMMENDATION: That City Council hold a discussion and provide direction on enacting a Sunshine Ordinance.
DISCUSSION: City Manager Mann and City Attorney Graham presented the Agenda Report.
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Diane Smith, Yucaipa, requested that staff include the commission and committee agendas on the City's calendar.
After discussion, it was Council consensus to return to Council with a Sunshine Ordinance at a future City Council meeting.
ANNOUNCEMENTS
Mayor Pro Tem Duncan announced the 2023 Yucaipa Rodeo on March 31 st and April I" at the Equestrian Arena.
Councilmember Venable announced the Bunny Hop on April 8, 2023, organized by the Healthy Yucaipa Committee.
City Attorney Graham announced the Closed Session item.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation [Gov't Code § 54956.9(d)(2)] Liability Claim No. 2022-05, Anita Carso City Manager Mann reported that City Council rejected Liability Claim Number 2022-05, Anita Carso.
ADJOURNMENT
The meeting adjourned in honor of Theresa Adeline Law. The next regularly scheduled meeting will be March 27, 2023 at 6:00 PM.
AT ST: Justin Beaver, Mayor
4adedal.',--City Clerk
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