Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Servic&City Cler"�5 FOR, City Council Meeting of May 8, 2023
SUBJECT: Approve Council Minutes of April 17, 2023, and April 24, 2023 RECOMMENDATION:
That the City Council approve the minutes of the Special City Council meeting held on April 17, 2023, and the Regular City Council meeting held on April 24, 2023, as presented.
Attachment(s):
1. Special Meeting Minutes — 04/17/2023
2. Regular Meeting Minutes — 04/24/2023
Approved By:
Co
City of Yucaipa City Council
Minutes
Special Meeting of April 17, 2023
A Special 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 April 17, 2023, at 5:00 p.m.
CALL TO ORDER
Mayor Beaver called the meeting to order at 5:05 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by San Bernardino County Sheriff's Department Captain Mike Walker.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
ABSENT: None
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk
Mayor Beaver asked the public to maintain decorum and civility during public comment.
PUBLIC HEARING (continued on next page)
City Council Minutes
7 1. SUBJECT: PREMIUM LAND DEVELOPMENT ON BEHALF OF YUCAIPA 52, LLC CASE NO. 22-150/PDP/FDP/TTM 20375: A PLANNED DEVELOPMENT PROJECT
THAT INCLUDES A PRELIMINARY DEVELOPMENT PLAN AND TENTATIVE TRACT MAP (TTM 20375)/FINAL DEVELOPMENT PLAN FOR THE PROPOSED SERRANO ESTATES PROJECT, WHICH WILL ESTABLISH 51 SINGLE FAMILY RESIDENTIAL LOTS ON PARCELS GREATER THAN 12,000 SQUARE FEET AND AVERAGING OVER 20,000 SQUARE FEET, OF WHICH 41 OF THE LOTS WILL BE AGE RESTRICTED TO THOSE OVER 55, SEVERAL LETTERED LOTS FOR WATER QUALITY BASINS, AND A COMBINED 12-ACRE AREA AS PART OF A "LOT 52" AND REMAINDER LOT THAT WOULD INCLUDE SPACE FOR VINEYARDS, AND 13 ACRES OF PERMANENT OPEN SPACE, LOCATED ON THREE EXISTING PARCELS TOTALING 52 ACRES ALONG THE EAST SIDE OF
YUCAIPA RIDGE ROAD DIRECTLY SOUTH OF THE CITY LIMITS TO UNINCORPORATED SAN BERNARDINO COUNTY. APNS: 0320-161-08, 09, AND
28. RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Adopt Resolution No. 2023-03, approving a Preliminary Development Plan for the Serrano Estates Project; and
2. Approve Final Development Plan/Tentative Tract Map No. 20375 (Case No. 22- 150/FDP/TTM 20375), subject to the Conditions of Approval as contained in this Agenda Report; and
3. Adopt the Findings as contained in this Agenda Report; 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. Planning Manager/City Planner Matlock presented the Agenda Report.
Public Comment
Wendy Derosier, Yucaipa, stated her appreciation for what the developer has attempted to do but expressed her concerns with the egress. Ms. Derosier also expressed that the spirit of the development doesn't match the spirit of the North Bench area.
William Jochimesen, Yucaipa, questioned why the developer purchased the property knowing the land use designation was RL-1.
City Council Minutes
N.
Dede Chudy, Yucaipa, expressed her opposition to the proposed project and encouraged the Council to listen to the position of the area residents that will be impacted.
Philip Schneider, Yucaipa, stated that in his opinion, if the proposed project is approved, the Council will be breaking State law.
City Attorney Graham addressed public comment.
Planning Manager/City Planner Matlock addressed public comment.
Bill Tilbury, Yucaipa, encouraged both sides of the argument to come to an agreement.
Holly Grimm, Yucaipa, stated that the existing General Plan should be followed if it is the developer that is requesting a deviation to the Plan.
Tim Brickley, Yucaipa, stated his concern that if the proposed project is approved, Council's action may set a precedence for other developers to propose the same.
Steve Freeman, Yucaipa, stated that the Council has a legal and moral obligation to existing law and the wishes and needs of the citizens of the North Bench and the entire community.
David Whitloch, Yucaipa, requested that the City Council mantain the one -acre lot designation.
Russ Caldwell, Yucaipa, urged the City Council to vote down this planned development.
Alesia Miller, Yucaipa, stated her opposition to the proposed project development.
Nino Valmasson, Yucaipa, stated that his property borders the proposed project development, and he does not wish the developer to use his easement for this project.
Kathleen Reynolds, Yucaipa, stated her opposition to the proposed project.
Bethanne Keirnan, Yucaipa, stated her support of City Manager Mann and the City Council.
Deborah Davidson, Yucaipa, stated a variety of reasons why she is opposed to the proposed development project.
Tim Casey, Yucaipa, stated the expressed opposition to the proposed project is not to oppose development but to oppose development that is consistent with lots less than one acre and as small as one quarter acre. Mr. Casey urged the Council to deny the project.
Heather Dent, Yucaipa, stated her opposition to the proposed development project and listed the reasons why it makes no sense for the area.
Karen Pierce, Yucaipa, expressed her concerns, as a realtor for the area, that she has made promises based on the City's General Plan and urged the Council to oppose the project.
City Council Minutes Page 3 of 6
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Ray Snodgrass, Yucaipa, stated that many of the undeveloped properties located in the North Bench area are owned by limited liability corporations, partnerships, limited partnerships, or investment groups and that at some point in the future they will be built out. Mr. Snodgrass further commented that, as a city, we have the opportunity to guide the future development of these properties to ensure that as much as 50% of the land remains open space and agriculture.
Hansen Wang, Yucaipa, explained that Craig Heaps stated publicly that, if approved, this project will be precedent setting. Mr. Wang stated that senior citizens require a certain amount of care and concern, and the proposed project is not a reflection of that.
Colleen Wang, Yucaipa, requested that a full EIR is performed to confirm there are no rare or endangered species in the area. Ms. Wang submitted a signed petition (to include approximately 1,200 signatures) to protect the North Bench from high -density development and to preserve the rural living standards and one -acre minimum lot size.
Joel McCabe, Yucaipa, stated his opposition to the proposed project.
Kathleen Woolsey, Yucaipa, questioned the comparison of the proposed project with the Reserve at Crafton, Stanley Ranch, and Mountain Gate development projects and identified several differences. Ms. Woolsey stated her objection to the project is based on the non- compliance with the goals of the city's General Plan and asked that the City Council deny the project.
Kevin Miskin, Yucaipa, stated his opposition to the proposed project and questioned the results of the project's evaluated environmental impact.
Robin Miskin, Yucaipa, stated that the project's environmental impact is significant with regard to land use and planning as it relates to rural living and other environmental factors.
Ms. Miskin requested that staff recommend 33 homes per one acre for the project site.
Martha Glubka, Yucaipa, appealed to the Council concerning the proposed development project and urged the Council to vote according to their moral standard.
The City Council recessed at 7:32 p.m. The City Council reconvened at 7:47 p.m.
Kristine Mohler, Yucaipa, contested the mitigated negative declaration and proposed that the Council deny its adoption and provided copies of the natural hazard zone disclosure report for all three parcels, for the record.
Scott Riley, Yucaipa, urged the Council to maintain the RL-1 designation.
Mike Ball, Yucaipa, expressed concerns with traffic in the area that would preclude the development of additional residential projects.
Ramona Etheridge, Yucaipa, expressed her opposition to the Serrano Estates project.
City Council Minutes
10 Terri Boon, Yucaipa, provided documentation for the record, objected to the mitigated negative declaration, and requested a formal visual impact assessment of the project. Ms.
Boon requested that the Council deny the plans for the Serrano Estates project.
Kathy Sellers, Yucaipa, questioned why the developer should be afforded special rights/privileges to make changes to the area designation. Ms. Sellers provided written documentation for the record and requested that the Council deny the project. Finally, Ms.
Sellers thanked everyone for their support of her husband who is fighting a cancer diagnosis related to his service in the Vietnam War.
Brian Bleyenberg, Yucaipa, stated his opposition to the proposed project and encouraged the Council to vote in accord with the voice of the people.
Alice Ames, Yucaipa, stated that she has lived in the North Bench for twenty years and, as a social worker, she has had to make many decisions that impact families as does the Council and urged the Council to not make a decision that will negatively impact the families in the North Bench.
Denise Work, Yucaipa, reminded the Council (Councilmember Garner specifically) that the Council is not beholden to any one applicant or their proposed project.
Jean Chadsey, Yucaipa, thanked the Council and staff and addressed the issues pertaining to lot size and the perceived precedence on the approval of this project.
Joshua Morgan, Yucaipa, spoke in support of a denial of the proposed project.
Daniel Morgan, Yucaipa, stated that he researched the area and the lot designation prior to moving to the North Bench and urged the Council to represent the people and vote to deny the project.
Melony Martindale, Yucaipa, stated her support of the Serrano Estates project and controlled growth. Ms. Martindale urged the Council to approve the project.
Dennis Miller, Yucaipa, stated that he sat on the first general plan committee for Yucaipa and opposes the proposed project as it lacks consistency for the area.
Kim Shapiro, Yucaipa, stated her opposition to the proposed project.
Cesar Roldan, Yucaipa, urged the Council approve the project in order to preserve the land and the rural atmosphere of the North Bench.
Gwendolyn Waters, Yucaipa, stated her opposition to the proposed project based on the increased traffic that is expected with the development and the wall that will be built effectively separating the new development from the existing neighborhood.
Sherilyn Long, Yucaipa, spoke to the expected increase in traffic related to the approval of the proposed project and the traffic impact in cases of emergency.
City Council Minutes
11 Kathy Dupper, Yucaipa, voiced her opposition to the Serrano Estates project and stated her concerns for the senior citizens coming into the area.
The City Council recessed at 8:44 p.m. The City Council reconvened at 9:00 p.m.
Applicant Rebuttal
Craig Heaps, the Applicant, addressed the concerns raised during public comment pertaining to fire hazards and the expected increase in traffic to the area. Mr. Heaps provided clarification of the proposed planned development and referenced State law to exhibit other ways the property may be developed.
Mayor Beaver closed the Public Hearing at 9:18 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 3-2 (COUNCILMEMBER THORP
AND MAYOR BEAVER VOTED NO), TO APPROVE STAFF
RECOMMENDATION.
ADJOURNMENT
The meeting adjourned at 9:34 p.m. The next regularly scheduled meeting will be April 24, 2023 at 6:00 p.m.
ATTEST:
Ana V. Sauseda, CMC
City Clerk
Justin Beaver, Mayor
City Council Minutes Page 6 of 6
12 City of Yucaipa
City Council/Successor Agency/Housing Authority
Minutes
Regular Meeting of April 24, 2023
CLOSED SESSION — 5:30 PM
CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:31 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Chris Venable, Councilmember
ABSENT: Jon Thorp, Councilmember
PUBLIC COMMENT
There were no public comments.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION — Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 — Number of Cases (1): Threatened Litigation by Yucaipa Preservation Society Re: Serrano Estates Project Approval (Case No. 22-150/PDP/FDP/TTM 20375) The City Council entered Closed Session at 5:32 p.m.
OPEN SESSION — 6:00 PM
CALL TO ORDER
Mayor Beaver called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:04 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by San Bernardino County Sheriff's Department Captain Mike Walker.
City Council Minutes
13 CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tem
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
ABSENT: None
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk
CHANGES TO THE AGENDA
City Manager Mann requested that Item Nos. 11 and 13 be continued to a future meeting. City Council concurred.
CLOSED SESSION REPORT
City Attorney Graham confirmed that there are no reportable items from Closed Session.
SPECIAL PRESENTATION
Marc Shaw and Ed Purves, representatives of the Redlands Bicycle Classic Inc., thanked the Council and staff for their continued support of the event and presented the Council with a token of appreciation for the City's in -kind support and willingness to work with them to organize this year's event.
PUBLIC COMMENT
Mayor Beaver asked the public to maintain decorum and civility during public comment.
Mary LaPlant, managing labor relations representative for the general unit City employees, provided clarification to rumors that City employee morale is low and that staff is being terminated.
Ms. LaPlant stated that morale is higher than she has ever seen. Under the management of Chris Mann, staff have been provided the opportunity to address issues pertaining to adequate staffing, aging equipment, continued professional development and training, and much more. Staff wishes not to be involved with the politics surrounding the new administration but appreciates the community's desire to protect and support them. The general unit City employees are happy and serve the community under the direction of those chosen to lead the City.
City Council Minutes Page 2 of 6
14 Richard Frost, Yucaipa, expressed his concerns with real estate companies buying up apartment complexes and issuing no-fault evictions to double the rent with new tenants.
Teri Boon, Yucaipa, stated issues pertaining to the Serrano Estates project and read into record an excerpt from the Declaration of Independence.
Marth Glubka, Yucaipa, expressed her concerns with councilmember conduct and requested that the Council adhere to the Code of Conduct that was passed in 2022.
Clint Sandusky, Yucaipa, requested that the Council recognize May as National Bike Month in the form of a proclamation. Mr. Sandusky encouraged the City Council to implement his proposal for a successful bicycling program in the City of Yucaipa using the three E's: Education, Engineering, and Enforcement.
Mayor Beaver requested that a proclamation is drafted for National Bike Month and that staff incorporate usable walking and biking pathways within the flood control areas between 2nd Street and loth Street.
Sherry Todd, Yucaipa, spoke on behalf of Denise Work, to submit a statement to recall Mayor Justin Beaver, Mayor Pro Tern Bobby Duncan, and Councilmember Matt Garner.
Nelson Fink, Yucaipa, stated his objection to the proposed Ordinance No. 422, implementing a hearing officer and the elimination of the appeal process in lieu of the Mobilehome Rent Review Commission and rent control.
Assistant City Manager Crawford provided clarification to public comment, ensuring that the rent control ordinance will not be eliminated, and the special application process is efficient and does not cost residents more than what is absolutely necessary.
Diane Smith, Yucaipa, expressed her feelings pertaining to the notice of intent to recall three sitting councilmembers.
Mark Westwood, Yucaipa, proposed that the Council table the ordinance to implement a hearing officer and eliminate the appeal process.
Joel McCabe, Yucaipa, read into record the Notice of Intention to Recall Councilmember Garner.
Woody Andrews, Yucaipa, read into record the Notice of Intention to Recall Mayor Pro Tern Duncan.
George Sardeson, Yucaipa, read into record the Notice of Intention to Recall Mayor Beaver.
Kathy Sellers, Yucaipa, stated that the notice of intent should be considered a vote of no confidence in three councilmembers.
Zaid Afanan, Yucaipa, requested that the Council be cautious in its decision -making as it pertains to a moratorium on service stations and car washes.
City Council Minutes Page 3 of 6
15 City Manager Mann clarified the temporary nature of moratoriums and that the item proposed would establish a 45-day moratorium to allow staff to evaluate current and future projects.
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 THE APRIL 10, 2023 REGULAR AND SPECIAL CITY COUNCIL MEETINGS.
RECOMMENDATION: That the City Council approve City Council Minutes of April 10, 2023, regular and special City Council meetings.
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: SECOND READING OF ORDINANCE NO.422
RECOMMENDATION: That the City Council Adopt 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.
4. SUBJECT: SECOND READING OF ORDINANCE NO.423
RECOMMENDATION: That the City Council Adopt Ordinance No. 423, An Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 5.22 Related to Massage Establishments and Repealing Chapter 5.24.
5. SUBJECT: SECOND READING OF ORDINANCE NO.424
RECOMMENDATION: That the City Council Adopt Ordinance No. 424, An Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 12.06 Related to Obstruction, Camping, and Aggressive Solicitation on Public Property.
6. SUBJECT: AWARD OF CONTRACT FOR THE PHASE 2 CONSTRUCTION OF THE
DUNLAP BOULEVARD BRIDGE REMOVAL AND REPLACEMENT PROJECT AT WILSON CREEK CHANNEL —PROJECT NO. 11098
RECOMMENDATION: That the City Council:
1. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, IE City Council Minutes
16 General Engineering Inc. of Beaumont, CA in the amount of $2,098,054 for the Phase 2 Construction of the Dunlap Boulevard Bridge Removal and Replacement Project at Wilson Creek Channel — Project No. 11098; and
2. Authorize a construction contract contingency amount of $275,000 for the project, the amount of $175,000 for construction contract administration, inspection, testing, survey and staff time for a total construction contract budget in the amount of $2,548,054; and
3. Approve Amendment No. 5 to the contract with Dudek in the amount of $30,000 for construction engineering and design support services for this project; and
4. Approve the plans and specifications prepared for the project.
7. SUBJECT: FINAL PARCEL MAP 20332
RECOMMENDATION: That the City Council:
1. Approve Final Parcel Map No. 20332; and
2. Accept a Grant of Easement for Drainage Purposes (Drainage Easement) on a portion of a Remainder Parcel as delineated on Final Parcel Map No. 20332; and
3. Accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes on a portion of Wildwood Canyon Road and a portion of Colorado Street as delineated on Final Parcel Map No. 20332; and
4. Authorize the recordation of the map from Wildwood Property, LLC.
8. SUBJECT: SUMMER FEEDING PROGRAM AGREEMENT
RECOMMENDATION: That the City Council authorize the City Manager to execute an Agreement for the Summer Feeding Program between the City of Yucaipa and the Yucaipa-Calimesa Joint Unified School District, to be held Monday through Friday, from June 12, 2023, through July 21, 2023, excluding holiday closures, at Yucaipa Community Park.
9. SUBJECT: ACCEPT OFFER OF DEDICATION AND ACCESS EASEMENT FROM EAGLE YUCAIPA 55, LIMITED PARTNERSHIP LOCATED AT 34232 COUNTY LINE ROAD; APN: 0318-235-24
RECOMMENDATION: That the City Council:
Accept an Offer of Dedication for Public Street Purposes from Eagle Yucaipa 55 on APN 0318-235-24; and
2. Authorize the City Manager, or his designee, to execute the necessary documents to complete the acquisition process.
City Council Minutes
17 10. SUBJECT: CANCELLATION OF JULY 10, 2023 COUNCIL MEETING RECOMMENDATION: That the City Council Cancel its Regularly Scheduled Meeting of July 10, 2023.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO. 1 THROUGH 10.
DEPARTMENT REPORTS
12. SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 425U, AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA,
ADOPTING AN INTERIM MEASURE IMPOSING A MORATORIUM ON THE USE,
CONSTRUCTION, ESTABLISHMENT OR OPERATION OF NEW SERVICE
STATIONS AND CAR WASHES
RECOMMENDATION: That the City Council adopt Urgency Ordinance 425U pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of car washes and fuel station facilities.
DISCUSSION: City Planner/Planning Manager Matlock and City Attorney Graham presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, FAILED DUE TO LACK OF A SECOND, TO APPROVE STAFF RECOMMENDATION.
ANNOUNCEMENTS
Mayor Pro Tem Duncan announced the 2023 Music & Arts Festival on May 5-6, 2023, and the graduation of his grandson from Cal Baptist University.
ADJOURNMENT
The meeting adjourned at 7:23 p.m. The next regularly scheduled meeting will be May 8, 2023, at 6:00 p.m.
ATTEST:
Ana V. Sauseda, CMC
City Clerk
Justin Beaver, Mayor
City Council Minutes Page 6 of 6