City of Yucaipa
City Council/Successor Agency/Housing Authority
Minutes
Regular Meeting of April 10, 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 April 10, 2023, at 6:01 PM.
CALL TO ORDER
Mayor Beaver called the meeting to order at 6:01 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Sheriff's Explorer Rylan Fernandez.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
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
ABSENT:
CHANGES TO THE AGENDA
City Manager Chris Mann indicated that there were no changes to the agenda.
SPECIAL PRESENTATIONS
Mayor Beaver read the proclamation signed by the City Council, proclaiming April as DMV Donate Life Month. The recipient was not present to accept the certificate.
Mayor Beaver presented San Bernardino County Assistant Executive Officer Diane Rundles with a proclamation signed by the City Council, proclaiming April as Child Abuse Prevention Month.
Ms. Rundles spoke briefly about what the community could do to support the children.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE THE SPECIAL PRESENTATIONS.
PUBLIC COMMENT
Mayor Beaver asked the public to maintain decorum and civility during public comment.
Adam Eventov, SoCal Gas, gave an update on behalf of the gas company.
Hansen Wang, Yucaipa, spoke about the Bunny Hop event and urged the Council to participate and support the Healthy Yucaipa Committee.
Colleen Wang, Yucaipa, expressed her concerns regarding the personnel decisions made by the City Manager and questioned why the classification and compensation study is still necessary. She briefly spoke about a plan that was scheduled in 2006 with the Empire Company.
Caecilia Johns, Yucaipa, expressed her concerns regarding comments made by Mayor Pro Tern Duncan.at Council meetings
George Sardeson, Yucaipa, asked the presiding officer to enforce the policy of asking people to state their name and address when approaching the podium for public comment. He expressed his concerns for the conduct of Mayor Pro Tem Duncan at the March 27, 2023, City Council meeting and the actions of three Councilmembers at the January 9, 2023, City Council meeting.
Martha Glubka, Yucaipa, suggested that the Council consider hosting a forum that would allow the residents to speak to them freely in an effort to get the City back on track. She expressed her concerns regarding the behavior of Mayor Pro Tern Duncan.
Kevin Miskin, Yucaipa, recognized the Healthy Yucaipa Committee and the Bunny Hop event.
He thanked the City Manager for his participation. He addressed comments made by Mayor Pro Tern Duncan at the previous Council meeting. He suggested that the public be allowed to correct the record when there are mischaracterizations of what the people are saying.
Travis Heaps, Yucaipa, disagreed with the recent negative comments made about developers. He stated that owning a piece of land intended to be developed does not make them bad people. He gave an example of a developer who gave back to the community.
Brandi Hickman, Yucaipa, shared her experiences with an out-of-town developer who significantly gave back to the community.
Craig Heaps, Calimesa, spoke about the recent attacks against his family over the last few months.
He urged the public to verify the information before spreading it further. He requested an audience with the Mayor and asked those opposing the Serrano Estates Project to speak to the merits of the project only.
Sharon Heaps, Calimesa, spoke about the recent attacks against her family over the last few months. She spoke about her family's land entitlement business and stated that they are a local business with roots in the community, who have been in the community for 20 years.
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 MARCH 13, 2023 AND MARCH 27, 2023
RECOMMENDATION: That the City Council approve City Council Minutes of March 13, 2023 & March 27, 2023.
2. 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.
3. SUBJECT: FISCAL YEAR 2023/2024 ANIMAL SERVICES CONTRACT AMENDMENT NO. 11
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Amendment No. 11 to the County of San Bernardino, Department of Public Health Contract, for the provision of animal care, control, sheltering and canvassing services for Fiscal Year 2023/2024 in an amount not to exceed $542,077.
4. SUBJECT: LEGISLATIVE ACTION: SENATE BILL 423; ASSEMBLY BILL 1708; ASSEMBLY BILL 742
RECOMMENDATION: That the City Council:
1. Oppose Senate Bill 423 by Senator Scott Weiner (D-San Francisco) which would extend a law that makes the approval of multifamily developments that meet certain criteria "ministerial" actions and authorize the Mayor to sign a letter of opposition; and
2. Support Assembly Bill 1708 by Assemblymember Al Muratsuchi (D-Torrance) to enhance penalties related to retail theft and authorize the Mayor to sign a letter of support; and
3. Oppose Assembly Bill 742 by Assemblymember Dr. Corey A. Jackson (D- Riverside) which would prohibit the use of K-9 units for arrest, apprehension, and crowd control, and authorize the Mayor to sign a letter of opposition.
5. SUBJECT: RIGHT OF WAY ACQUISITION — COUNTY LINE ROAD MOBILE
SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE (MSRC) GRANT
FUNDED PROJECT
RECOMMENDATION: That the City Council:
Approve a Purchase and Sale Agreement with Pacific Crystal Investment, LLC, (APNs 0319-235-40 & 0321-235-41) for the acquisition of a 633 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 $18,800; 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 $24,100 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.
6. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-08, ORDERING THE
SUMMARY VACATION OF PUBLIC RIGHT OF WAY
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 2023-08, approving and ordering the vacation of a portion of public right of way adjacent to Oak Glen Road; and
2. Determine that the vacation of a portion of right of way is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Class 1, Section 15301(c); and
Determine that the Project (Case No. 21-026) does not require any additional environmental review pursuant to Section 15162(a) of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended.
7. SUBJECT: SECOND READING OF ORDINANCE NO.421
RECOMMENDATION: That the City Council Adopt Ordinance No. 421, Adding Chapter 2.06 to the Yucaipa Municipal Code related to Transparency and Ethics.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, TO APPROVE CONSENT AGENDA.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
Councilmember Venable recognized the Youth Advisory Committee, Healthy Yucaipa Committee, and the Trails & Open Space Committee. He urged the public to participate. He spoke about the pump track and mentioned that there are many exciting things to get the community involved.
Mayor Pro Tem Duncan spoke about the three meetings he attended with Omnitrans and the San Bernardino County Transportation Authority Board. He discussed Omnitrans' efforts to increase ridership. He discussed the SBCTA meeting and stated that the interchange project had not been part of their discussions yet, but he was working towards getting that in front of them.
Mayor Beaver held a meeting with City Manager Chris Mann and San Bernardino County Sheriff Shannon Dicus to discuss the influx of potential criminals due to Omnitrans ridership. During that meeting, Sheriff Dicus shared that they were looking into transit law enforcement services to help alleviate some of the enforcement burden on Yucaipa deputies.
DEPARTMENT REPORTS
8. SUBJECT: FISCAL YEAR 2022-23 MID -YEAR GENERAL FUND BUDGET UPDATE RECOMMENDATION: That the City Council:
1. Review the Fiscal Year (FY) 2022-23 Mid -Year General Fund Budget Report; and
2. Amend the Adopted FY 2022-23 General Fund Budget by increasing budgeted expenditures by $387,729; and
3. Adopt Resolution No. 2023-11 Amending Resolution No. 2023-02, amending the Management, Supervisory and Confidential Salary, Benefit and Classification Plan effective with the pay period beginning on April 22, 2023; and
4. Approve and authorize the City Manager, or his designee, to purchase equipment for the Police Department Facility Access Control System based on Chapter 3 of Section 6 of the City of Yucaipa Purchasing Policy (Cooperative or Piggyback Procurement).
DISCUSSION: Director of Finance White presented the Agenda Report.
Hansen Wang, Yucaipa, discussed the Planning Commission and their interpretation of the budget. He discussed the addition of City positions and asked that the needs and qualifications be looked at prior to establishing new positions in future years. Lastly, he spoke about the City Manager's contract and the impact to future budgets.
Councilmember Thorp requested clarification from the City Attorney as to whether he needed to recuse himself due to his employment.
City Attorney Graham stated that Councilmember Thorp was not required to recuse himself as the item on the agenda was for access control and not money going to the Sheriff's Department, but could voluntarily choose to do so.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE ITEM 8.
9. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 422, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING SECTIONS 15.20.050, 15.20.070, 15.20.085, 15.20.090, 15.20.100,
15.20.105, 15.20.110, 15.20.115, 15.20.116, 15.20.120, AND 15.20.130 OF CHAPTER
15.20 OF TITLE 15 OF THE YUCAIPA MUNICIPAL CODE RELATED TO THE
MOBILEHOME PARK RENT STABILIZATION PROGRAM PERTAINING TO THE
IMPLEMENTATION OF A HEARING OFFICER AND ELIMINATION OF THE
APPEAL PROCESS
RECOMMENDATION: That the City Council waive full reading and introduce by title only Ordinance No. 422, amending Chapter 15.20 pertaining to the implementation of a Hearing Officer in place of the Mobilehome Rent Review Commission (MRRC) and the elimination of the appeal process.
DISCUSSION: Assistant City Manager Crawford presented the Agenda Report.
Jeff Kreidel, Yucaipa, spoke about the appointments to the various committees; specifically, about the challenges in finding volunteers for the Mobile Home Park Committee. He spoke in favor of this item and thanked the City for taking care of the mobile home residents.
Julie Paule, Western Manufactured Housing Communities Association, spoke in favor of the amended ordinance and questioned the April 61" date referenced in the document and the need for a retainer.
City Attorney Graham addressed Ms. Paule's questions.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE THE
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 422.
10. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 423 — AMENDING CHAPTER 5.22 RELATED TO MASSAGE ESTABLISHMENTS AND REPEALING CHAPTER 5.24
RECOMMENDATION That the City Council waive full reading and introduce by title only Ordinance No. 423, amending Chapter 5.22 related to massage establishments and repealing chapter 5.24.
DISCUSSION: City Planner/Planning Manager Matlock 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 THE
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 423.
11. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 424 — AMENDING CHAPTER 12.06 RELATED TO OBSTRUCTION, CAMPING, AND
AGGRESSIVE SOLICITATION ON PUBLIC PROPERTY
RECOMMENDATION: That the City Council waive full reading and introduce by title only Ordinance No. 424, amending Chapter 12.06 related to obstruction, camping, and aggressive solicitation on public property.
DISCUSSION: City Manager Mann presented the Agenda Report.
Additional presentation by City Attorney Graham.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY MAYOR BEAVER, CARRIED 5-0, TO APPROVE THE INTRODUCTION AND FIRST READING OF ORDINANCE NO. 424.
12. SUBJECT: DISCUSSION AND POSSIBLE ADOPTION OF 2023 CITY COUNCIL GOALS
RECOMMENDATION: That the City Council adopt goals for the 2023 calendar year as presented.
DISCUSSION: City Manager Mann presented the Agenda Report.
Councilmember Thorp requested clarification from the City Attorney as to whether he needed to recuse himself due to the first item on the goals list being public safety.
City Attorney Graham stated that Councilmember Thorp was not required to recuse himself as there was no concrete item which would present a financial interest.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO ADOPT GOALS FOR THE 2023 CALENDAR YEAR.
STUDY SESSION
13. SUBJECT: SERVICE STATIONS AND CARWASH FACILITIES
RECOMMENDATION: That the City Council conduct a study session regarding Service Stations and Carwash Facilities and provide direction to staff as appropriate.
DISCUSSION: City Planner/Planning Manager Matlock presented the Agenda Report.
Nick Wirick, Riverside, spoke about moratoriums and how they typically start off with well - intended thoughts but end up with unintended consequences. He implored the Council to give the idea of the moratorium in question considerable thought and consider all the potential consequences.
Chris Peto, San Diego, stated that his project was the reason why this item was brought before the Council. He gave a brief history on the project and offered to have a roundtable with the City to discuss the project.
City Attorney Graham clarified that although the City Manager mentioned a project as being the inspiration for the conversation, it was not a hearing on that project. It was a legislative act to decide if the Council wanted to temporarily stop the issuance of all permits for any project of that specific type, to allow time for the City Manager to study that particular use and determine if additional standards and regulations needed to be enacted.
After Council discussion, City Attorney Graham stated that a draft moratorium would be brought back to the Council for their review based on their feedback.
ANNOUNCEMENTS
Mayor Pro Tern Duncan announced the upcoming Music & Arts Festival on May 5-6, 2023.
CLOSED SESSION
City Attorney Graham announced the following Closed Session items:
A. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIM - Pursuant to Section 54956.95
Claimant: Michael & Melody Murrietta
Agency claimed against: City of Yucaipa
B. CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 (1) Item — Fallbrook Meadows Application Denial
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9. Thomas Christian v. Kim Clarke, Et.
Al., SB Sup. Court Case No. CIVDS2009824
ADJOURNMENT
Mayor Beaver adjourned the open session meeting at 8:18 p.m. and moved into Closed Session.
The City Council returned from Closed Session at 8:42 p.m.
City Attorney Graham stated the following action:
A. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIM - Pursuant to Section 54956.95
Claimant: Michael & Melody Murrietta
Agency claimed against: City of Yucaipa
ACTION: CITY ATTORNEY GRAHAM ANNOUNCED THAT SETTLEMENT
DIRECTION WAS GIVEN BY A VOTE OF 5-0.
B. CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 (1) Item — Fallbrook Meadows Application Denial
ACTION: CITY ATTORNEY GRAHAM ANNOUNCED THAT SETTLEMENT
DIRECTION WAS GIVEN BY A VOTE OF 5-0.
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9. Thomas Christian v. Kim Clarke, Et.
Al., SB Sup. Court Case No. CIVDS2009824
ACTION: CITY ATTORNEY GRAHAM ANNOUNCED THAT SETTLEMENT
DIRECTION WAS GIVEN BY A VOTE OF 4-0-1 (COUNCILMEMBER THORP ABSTAINING).
A ST: j Justin Beaver, Mayor
A Sau'selcla, CMC
City Clerk