Agenda Item No. 1
City of Yucaipa
City Council Minutes
ReguIar 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
The meeting was opened by Lieutenant Scovel with the Pledge of Allegiance led by Sheriff's Explorer Abigail Hamman.
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 duality of life in our community so that Yucaipa remains the best city to live and raise a family —for your family and his.
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.
City Council Minutes Page 1 of 12
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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 flan.
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 `1'iabury, 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 Tem 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.
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. 5UBJECT: 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. SC3B.IEC`I': COMMUNITY DEVELOPMENT BLOCK GRANT — INTENT TO
PARTICIPATE CERTIFICATION
RECOMMENDATION: That City Council:
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. SUBJTC'T: OPIOID SETTLEMENTS -- TEVA, ALLERGAN, CVS, WALGRFFNS,
WALMART
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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. : 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. MMMI: 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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10 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.
ACID: 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 DUNCA,N, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO.2 THROUGH 9.
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10. SUBJECT: FISCAL YEAR 2022/2023 COMMUNITY ACTIVITY GRANT IN -KIND
REQUESTS & COMMUNITY ACTIVITY GRANT PROGRAM GUIDELINES & FUNDING LEVELS FOR FISCAL YEAR 2023/24
RJECOMMENDATION: 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
City Council Minutes
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11 11.
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.
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:
ACTIQN: 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.
KCT: 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 chaIIenges 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 staffs recommendation to seek the services of a Mobilehome Rent Stabilization Hearing Officer in place of the MRRC process.
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12 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:
TION: MOTION BY MAYOR BEAVER, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-1 (COUNCILMEMBER VENABLE 'VOTED NO), TO APPROVE STAFF RECOMMENDATION.
None
12. SUBJECT: GENERAL FUND BUDGET ADJUSTMENT/SALARY SCHEDULE AMENDMENT (CONTINUED FROM THE FEBRUARY 13, 2023, CITY COUNCIL
MEETING)
I. Approve an amendment to the Fiscal Year 2022-2023 Annual Budget for Salary and benefits; and
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
Revising salary for City Manager position, to "Per Contract"; and c. Creating one (1) position of Director of General Services/City Cleric, 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. ReaIlocating 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
council Minutes
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13 g. Eliminating one (1) position of Deputy City Clerk/Records 'Technician (Confidential), Salary Range 28 ($72,982-$91,145).
DISCUSSIQN: City Manager Mann presented the Agenda Report.
Diane Smith, Yucaipa, stated that the City Manager's speech has provided her some hope that staff is recognized and valued. Ms. Smith stated her support of the comments made pertaining to public safety (provided by the San Bernardino County Sheriff and CAL. Fire) and communication with the community.
Hansen Wang, Yucaipa, referenced the discussion from a prior Council meeting to shelve the new positions for review of a classification and compensation study.
Kristine Mohler, Yucaipa, stated her opposion to the proposed changes to the General Fund budget.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
BEAVER, CARRIED 5-0, TO APPROVE STAFF RECOMMENDATION AND TO
DIRECT STAFF TO INITIATE THE REQUEST FOR PROPOSAL PROCESS FOR A CLASSIFICATION AND COMPENSATION STUDY.
City Council adjoured. City Council reconvened.
13. i$HCI: CONFIRE CONTRACT AGENCY AGREEMENT
That City Council:
I. 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 ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5.0, TO APPROVE STAFF
RECOMMENDATION.
14. SUD ECI: CITY OF YUCAIPA, EXTERNSHIP AGREEMENT WITH SAN
BERN'ARDINO COMMUNITY COLLEGE DISTRICT
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. �: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
15. : PAVEMENT MANAGEMENT PROGRAM UPDATE
RECOMMENDATION: That City Council:
1. Review and approve the F'Y2023/2024 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:
AC11D1Y: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
16, sUMECT: DISCUSSION/DIRECTION REGARDING ON -CALL POTHOLE REPAIR 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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15 17. SUBJECT: ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES (CONTINUED FROM THE JANUARY 23, 2023, CITY COUNCIL MEETING) RE-COMMENDATM. 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
Nonc
Mayor Beaver closed the Public Hearing.
After Council discussion, the following Motion was made:
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
18. ..TECT: 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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16 20. SIYB.IE_C_T: 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 9th 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. UROXI: 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 tCOMMENDATYON: 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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17 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.
Mayor Pro Tern Duncan announced the 2023 Yucaipa Rodeo on March 3 1 " 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.
CONFERENCE WITH LEGAL COUNSEL — Anticipated Litigation [Gov't Code § 54956.9(d)(2)l Liability Claim No. 2022-05, Anita Carso City Manager Mann reported that City Council rejected Liability Claim Number 2022-05, Anita Carso.
The meeting adjourned in honor of Theresa Adeline Law. The next regularly scheduled meeting will he March 27, 2023 at 6:00 PM.
C:M.6M4�6
Ana Sauseda, City Clerk
City Council Minutes
Justin Beaver, Mayor
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18 City of Yucaipa
City Council/Successor Agency/Housing Authority
Minutes
Regular Meeting of March 27, 2023
A Regular meeting of the City Council/Successor Agency/Housing Authority of the City of Yucaipa, California was called to order in the Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, California, on March 27, 2023, at 6:00 PM.
Mayor Pro Tern Duncan called the meeting to order at 6:00 p.m.
Pledge of Allegiance led by Sheriff s Explorer Rylan Fernandez.
PRESENT: Bobby Duncan, Mayor Pro Tem
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk
Fermin Preciado, Director of Development Services/City Engineer ABSENT: Justin Beaver, Mayor
CHANGES TO THE AGENDA
City Manager Chris Mann indicated that there were no changes to the agenda.
EMPLOYEE INTRODi1CT
The following new employees approached the podium and introduced themselves:
+ Captain Mike Walker
* Director of General Services/City Clerk Ana Sauseda
* Director of Governmental Affairs/PIO Joe Pradetto
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19 Mayor Fro Tern Duncan asked the public to maintain order during public comment. He announced that the public comment portion of the agenda would be limited to 45 minutes.
Sylvia F-scoth, Yucaipa, voiced her concerns regarding the sober living home.
Cynthia Barnett, Yucaipa, expressed concerns for the children and elderly who live close to the proposed sober living home and spoke in opposition of this facility.
Julie Smiley also expressed concerns for the children and elderly who live close to the proposed sober living home and spoke in opposition of the facility.
Richard Smiley, Yucaipa, voiced his concerns regarding the sober living home. He indicated that the proposed site is not well located for helping those individuals.
Janay Funk, Yucaipa, voiced her concerns regarding the sober living home. Her home is located directly across the street from the proposed sober living home. She provided handouts to the council with information from the San Bernardino County Development Code — Chapter 84.32 Councilmember Garner questioned how many sober living homes are currently in the City of Yucaipa and spoke in opposition of it.
Kenny Wilson, Yucaipa, voiced his concerns regarding the sober living home. He recently moved to Yucaipa and spoke about the safety concerns.
Jesse Smith, Yucaipa, voiced his concerns regarding the sober living home. He spoke about the sacrifices his family made to be able to live in Yucaipa and how proud he is to be a resident and asked that the city look into this facility further.
Hiatt Howard, Yucaipa, questioned a room addition at the sober living home and expressed concerns for the children and elderly who live close to facility. He spoke in opposition of it.
Daniel Clark, Yucaipa, spoke about an incident that occurred at his home in 2015 involving a male under the influence. He expressed his concerns for the sober living home that is now going to be a part of his neighborhood. He also spoke about the room addition at the facility and stated that there were no permits pulled for the property. Based on the possible violations, he asked that the City Attorney obtain an injunction with a cease -and -desist order.
Martha Glubka, Yucaipa, voiced her concerns regarding the distrust between the residents of Yucaipa and the Yucaipa City Council.
Caecilia Johns, Yucaipa, spoke regarding the Planning Commission meeting and their approval of the Serrano Estates project. She spoke about each Planning Commissioner and how they voted for that project.
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Diane Smith, Yucaipa, spoke in favor of recognizing former City Manager Ray Casey for his 20 years of faithful service to the City of Yucaipa.
City Manager Mann responded to Ms. Smith's comments and stated that the City would be happy to come up with ways to honor Ray Casey. At the request of Mr. Casey, the City has held off on his recognition until the tension decreases.
Hansen Wang, Yucaipa, thanked the City Manager and City Attorney for agreeing to participate in the Bunny Hop. He also requested the rules of order be consistent for Council meetings.
Colleen Wang, Yucaipa, discussed the American with Disabilities Act and an incident that occurred at the Planning Commission meeting.
City Attorney Graham addressed the comments by Ms, Wang regarding the incident that occurred at the Planning Commission meeting. He acknowledged the mistake that was made and indicated that it would not happen again.
Teri Boon, Yucaipa, spoke about progress.
Matt Underwood, Yucaipa, welcomed City Manager Chris Mann and addressed Mayor Pro Tern Duncan. He also opposed the sober Iiving home.
Richard Galves, Yucaipa, was upset because he didn't receive a call back from Mayor Pro Tern Duncan. He has continued to receive letters from Code Enforcement pertaining to a covered patio and requested the assistance of the Council to resolve the long-standing issue.
CONSENT AGENT
Mayor Pro Tem Duncan asked if there were any Consent Agenda items to be removed for discussion. No items were removed for discussion.
I. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022 SEPTEMBER STORM EVENT
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of the 2022 September Storm Event.
2. SUBJECT: RESOLUTION NO. 2023-10, TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO COVID-19
RECOMMENDATION: That the City Council approve Resolution No. 2023-10, terminating the local emergency within the City of Yucaipa resulting from the impact of the COVID-19 pandemic on the Emergency Medical Services System and rescinding Resolution No. 2022-I5.
City Council Minutes Page 3 of S
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21 3. SIM&CE- MONTHLY TREASURER'S REPORT: FEBRUARY 2023 RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for February 2023.
4. SUBJECT: 2022 GENERAL PLAN AND HOUSING ELEMENT PROGRESS REPORT RECOMMENDATION: That the City Council receive and file the 2022 General Plan and Housing Element Progress Reports for the implementation of the City's General Plan.
5. SEBIECT: 2021 HOMELAND SECURITY GRANT ACCEPTANCE — (FIRE) :� a[1]u• 1� I►i f li Ci3�IF
1. Approve the acceptance of the 2021 Homeland Security Grant Program (HSGP) award for a total of $17,244; and
2. Authorize an increase in the FY 2023 revenue and expenditure budget of $17,244; and
Authorize the acquisition of Airbag Extrication Systems from First Out Rescue Equipment in the amount of $12,861, and Rope Rescue Harnesses/Rescue Rope from Rock N Rescue in the amount of $6,671 for use in extrication and rescues for a total of $19,532.
b. ShBINCT: CITY OF YUCAIPA 4TH OF JULY FIREWORKS SHOW
RECOMMENDATION: That the City Council:
1. Authorize the City Manager to execute a contract with Pyro Spectaculars, Inc. in the amount of $40,145, to produce a Firework show; and
2. 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
3. Approve the closure of Chapman Heights Road west of I0`h Street and 131h Street, and the closure of Gold Mountain Road north of Chapman Heights Road from 6:00 p.m. until 10:00 p.m. on July 4, 2023; and
4. Direct staff to include expenditures in the amount of $70,000 and revenues in the amount of $10,000, for a firework show and 41h of July event, in the draft FY 2023/2024 budget.
City Council Minutes Page 4 of 8
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22 7. SUBJECT; ACCEPTANCE OF CONTRACT WORK — TRAFFIC CALMING — INSTALLATION OF ASPHALT SPEED HUMPS AND STRIPING - PROJECT NO. 11177
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Hardy & Harper Paving, Inc. in the amount of $38,400 for the installation of Asphalt Speed Humps and Striping — Project No. 11177. and
2. Authorize the recordation of the Notice of Completion for the project.
S. SUBJECT: RESOLUTION NO. 2023-09 TO SET A TIME AND PLACE TO CONDUCT A PUBLIC HEARING FOR THE ANNEXATION OF TRACT MAP NO. 19429 INTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 (ZONE "EE") RECOMMENDATION: That the City Council:
1. Approve Resolution No. 2029-09 to set a time and place to conduct a Public Dearing and Assessment Ballot proceedings at 6:00 p.m. on May 22, 2023 in compliance with Proposition 218, and to approve the annexation of Tract Map No. 14429 into the City of Yucaipa Landscape and Lighting Maintenance District No. 1 (Zone "EE"); and
2. Adopt the methodology for and enact the assessments therein.
9. SI ECT: RIGHT-OF-WAY ACQUISITION — COLNTY LINE ROAD MOBILE
SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) GRANT
FUNDED PROJECT
RECOMMENDATION: That the City Council:
1. Approve a Purchase and Sale Agreement with Joseph Anthony Mujica and Marlene Gonzales Mujica, (APN-0319-233-24) for the acquisition of a 111 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 $850; 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 $6,150 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.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COIINCILMEMBER VENABLE, CARRIED 4-0-1-0 (MAYOR BEAVER
ABSENT), TO APPROVE CONSENT AGENDA ITEMS NO. I, THROUGH 9.
City Council Minutes
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23 10. &UJUELI: ENHANCED INFRASTRUCTURE FINANCE DISTRICT APPOINTMENT
OF AT -LARGE MEMBER
RF,CQMMENDATION: That the City Council appoint a member of the public to serve on the Public Financing Authority Board and confirm Mayor Beaver as the third Council Member Appointment instead of alternate member.
DISCUSSION: City Planner/Planning Manager Matlock presented the Agenda Report.
Diane Smith, Yucaipa, had questions regarding the staff s recommendation and how the Brown Act would apply. She asked that the City Attorney speak clearly and concisely and not use an avalanche of words when providing clarification to the public.
City Attorney Graham provided clarification to Ms. Smith's question.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1-0 (MAYOR BEAVER ABSENT),
TO APPROVE MAYOR BEAVER AS A MEMBER INSTEAD OF AN
ALTERNATE AND TO APPOINT DUSTEEN NEVATT AS THE SECOND AT - LARGE APPOINTMENT.
11. SUBJECT: SUPPORT FOR SENATE BILL 63 — HOMELESS AND MENTAL
HEALTH COURT AND TRANSITIONING HOME GRANT PROGRAMS
RECOMMENDATION: That the City Council:
1. Support Senate Bill 63 — Homeless and Mental Health Court and Transitioning Home Grant Programs (SB 63) by Senator Rosilicie Ochoa Bogh (R-Yucaipa), as written; and
2. Approve the attached letter of support.
DISCUSSION: Director of Cxavernxnent Affairs/PIO Pradetto presented the Agenda Report.
,Amer Council discussion, the following Motion was made:
ACTIQ : MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1-0 (MAYOR BEAVER
ABSENT), TO APPROVE STAFF'S RECOMMENDATION.
City Council Minutes Page 6 of 8
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24 12. 5U UECT: SUPPORT FOR ASSEMBLY BILL 462 — FENTANYL OVERDOSE.
RESPONSE TEAMS
RECOMMENDATION: That the City Council:
1. Support Assembly Bill 462 — Fentanyl Overdose Response Teams (AB 462) introduced by Assemblymember James Ramos (D-Highland), as amended; and
2. Approve the attached letter of support.
DISCUSSION: Director of Government Affairs/PIO Pradetto presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1-0 (MAYOR BEAVER ABSENT), TO APPROVE STAFF'S RECOMMENDATION.
13. S LH CT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 421, ADDING CHAPTER 2.06 TO THE YUCAIPA MUNICIPAL CODE RELATED TO
TRANSPARENCY AND ETHICS
RECOMMENDATION: That the City Council waive full reading and introduce by title only the Ordinance Adding Chapter 2.06 to the Yucaipa Municipal Code related to Transparency and Ethics.
DISCUSSION: City Manager Mann presented the Agenda Report.
Hansen Wang, Yucaipa, discussed transparency and additional things that could be done in an effort to be more transparent.
Additional presentation by City Attorney Graham,
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-04-0 (MAYOR BEAVER ABSENT), TO APPROVE THE INTRODUCTION AND !FIRST READING OF ORDINANCE NO.421.
Councilmember Venable spoke about taking the teen commission to the State Capitol.
Mayor Pro Tern Duncan announced the upcoming Rodeo.
Council Minutes
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25 Mayor Pro Tem Duncan adjourned the meeting in horror of the children who were: killed at the Nashville Christian School. The meeting was adjourned at 7:32 p.m.
ATTEST:
Ana V. Sauseda, CMC
City Clerk
Justin Beaver, Mayor
City Council Minutes Page 8 of 8
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