City of Yucaipa
City Council/Successor Agency/Housing Authority
Minutes
Regular Meeting of May 8, 2023
CLOSED SESSION — 5:00 PM
CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:00 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Chris Venable, Councilmember
Jon Thorp, Councilmember
ABSENT: None
PUBLIC COMMENT
None
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Pursuant to paragraph (1) of subdivision (d) of Section 54956.9 — Grotke v. City of Yucaipa, et al., San Bernardino Superior Court Case No. CIVSB2304893
B. CONFERENCE WITH LABOR NEGOTIATORS — Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager
Represented Employees: Yucaipa City Employees Association & Unrepresented Management, Supervisory and Confidential Employees
The City Council entered Closed Session at 5:00 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 6:03 p.m.
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PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by San Bernardino County Sheriff s Department Lieutenant Scovel.
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
CHANGES TO THE AGENDA
City Manager Chris Mann indicated that there were no changes to the agenda.
CLOSED SESSION REPORT
City Attorney Graham confirmed that there were no reportable items from Closed Session.
SPECIAL PRESENTATION
Mayor Beaver read a statement into record pertaining to the importance of bicyling and proclaimed the Month of May 2023, National Bike Month in the City of Yucaipa.
PUBLIC COMMENT
Mayor Beaver asked the public to maintain decorum and civility during public comment.
Sherri Uhlig, Yucaipa, expressed her opposition to the recall of three sitting councilmembers and stated the effort is being led by local liberal party members.
Hansen Wang, Yucaipa, stated that he is disappointed in Council's decision pertaining to the Serrano Estates project and the fire risk to seniors.
Rebecca Lockney, Yucaipa, stated her support of the Council in response to public comment made at a prior meeting.
Coleen Wang, Yucaipa, provided explanation as to why she supports the recall effort.
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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 APRIL 17, 2023 AND APRIL 24, 2023
RECOMMENDATION: That the City Council approve City Council Minutes of April 17, 2023 and April 24, 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: MONTHLY TREASURER'S REPORT: MARCH 2O23
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for March 2023.
4. SUBJECT: FISCAL YEAR 2022/2023 ACCOUNTABILITY REPORTS RECOMMENDATION: That the City Council receive the Community Activity Grant Accountability Report and deem the program requirements complete for the Childhood Cancer Foundation of Southern California, Inc. — 2023 Spring Eggstravaganza, Gardenworksforkids — Construct an Autism Patio, The Liberty Lap — 2nd Anniversary of The Liberty Lap, Rotary Club of Yucaipa — 2022 Yucaipa Christmas Parade, The Well Outreach Center — Our Neighbors Clothing Closet, Yucaipa/Calimesa Family Assistance — Refurbish Countertop, Replace Sink, and Paint Cabinetry, and the Yucaipa Womans Club — On -going Maintenance of Clubhouse.
5. SUBJECT: MICHAEL KHOURY (KHOURY DBA): A DENSITY BONUS AGREEMENT FOR CASE NO. 22-033/CUP/DBA/MNV/LUCR/ARC TO ALLOW A 100% INCREASE IN LAND DENSITY FOR A 24-UNIT, SENIOR HOUSING PROJECT LOCATED ON A VACANT PARCEL AT 13421 4TH STREET; APN: 0319- 242-01
RECOMMENDATION: That the City Council approve the attached Density Bonus Agreement (DBA) for the Khoury Senior Housing Project (Case No. 22-033) which will set forth the reporting requirements and covenants that are necessary to ensure that the target senior units remain consistent with the original density bonus request associated with the approved entitlement.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEM NO. 1 AS AMENDED CORRECTING THE APRIL 24, 2023, City Council Minutes Page 3 of 8
MINUTES TO REFLECT THAT COUNCILMEMBER THORP WAS PRESENT FOR CLOSED SESSION.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS NO.2 THROUGH 5.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
Councilmember Thorp congratulated Director of Community Services Wolfe and volunteers on a very successful Music and Arts Festival event.
Mayor Beaver also commended staff on a job well done pertaining to the teen area in this year's Music and Arts Festival.
Mayor Pro Tem Duncan reported that he attended the Omnitrans meeting this month and stated that they are working on getting service back up to speed in the Yucaipa area. Mayor Pro Tern Duncan also reported that he attended the San Bernardino County Transportation Authority (SBCTA) board meeting whereby he is awaiting an opportunity to discuss the freeway corridor proj ect.
Councilmember Garner reported that the concerts this weekend were amazing.
Councilmember Venable thanked Director of Community Services Wolfe for coordinating the Challengers v. Yucaipa City Staff baseball game and encouraged everyone to give support to the special needs kids in the community.
POSSIBLE ACTION ON PENDING LEGISLATION
6. SUBJECT: LEGISLATIVE ACTION: OPPOSE SENATE BILL 94
RECOMMENDATION: That the City Council oppose Senate Bill 94 by Senator Dave Cortese (D-Santa Clara), which would allow certain individuals serving death sentences or life without parole the opportunity to petition their criminal sentencing for judicial review and potential resentencing, and authorize the Mayor to sign a letter of opposition.
DISCUSSION: Director of Government Affairs/PIO Pradetto presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION TO OPPOSE SENATE BILL 94.
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DEPARTMENT REPORTS
7. SUBJECT: UPDATE REGARDING THE CITY OF YUCAIPA APP
RECOMMENDATION: That the City Council receive and file this update regarding the City of Yucaipa App.
DISCUSSION: Director of Government Affairs/PIO Pradetto presented the Agenda Report.
After Council discussion, the Council received and filed the update regarding the City of Yucaipa App.
8. SUBJECT: AWARD OF CONTRACTS — ON -CALL POTHOLE REPAIR AND
ASPHALT PAVEMENT REPAIR/REPLACEMENT SERVICES
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 with B-81 Paving Inc. of Yucaipa, California in the not -to -exceed amount of $110,000 for providing On -Call Pothole Repair and Asphalt Pavement Repair/Replacement Services for the remainder of FY2022/2023, FY2023/2024, and FY2024/2025; and
2. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with Vance Corporation of Beaumont, California in the not -to -exceed amount of $110,000 for On -Call Pothole Repair and Asphalt Pavement Repair/Replacement Services for the remainder of FY2022/2023, FY2023/2024, and FY2024/2025; and
3. Award and authorize the Mayor to execute a contract, and the City Manager or his designee to administer the terms of the contract with Hardy and Harper of Lake Forest, California in the not -to -exceed amount of $110,000 for providing On -Call Pothole Repair and Asphalt Pavement Repair/Replacement Services for the remainder of FY2022/2023, FY2023/2024, and FY2024/2025.
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 THORP, CARRIED 5-0, TO APPROVE STAFF
RECOMMENDATION.
PUBLIC HEARING
Couniclmember Thorp recused himself from the Public Hearing Item No. 9 due to a potential conflict of interest.
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9. SUBJECT: Rescheduled Public Hearing (CASE NO. 22- 121/APP/GPA/LUCR): A MODIFIED PROJECT PROPOSAL FOLLOWING THE APPEAL OF CASE NO 21- 085/GPA/LUCR THAT NOW CONSISTS OF A GENERAL PLAN AMENDMENT (ORDINANCE NO. 412) TO CHANGE THE LAND USE DISTRICT FROM RM-IOM (MULTIPLE RESIDENTIAL) TO RM-24 (HIGH DENSITY MULTIPLE
RESIDENTIAL) AND A LAND USE COMPLIANCE REVIEW TO PERMIT A PRIVATELY GATED 172-UNIT TWO-STORY MULTI -FAMILY APARTMENT
PROJECT THAT INCLUDES AN AFFORDABILITY PROVISION THAT WILL BE
EXECUTED THROUGH A DENSITY BONUS AGREEMENT ON FOUR PARCELS TOTALING 8.39 ACRES. — THE INITIAL PROJECT REVIEWED BY PLANNING COMMISSION AND CITY COUNCIL WAS FOR A PRIVATELY GATED 200-UNIT THREE-STORY MULTI -FAMILY APARTMENT PROJECT; LOCATED BETWEEN 3RD STREET TO THE WEST AND 2ND STREET TO THE EAST, APPROXIMATELY 375 FEET NORTH OF COUNTY LINE ROAD. A LOT MERGER WILL ALSO BE PROCESSED TO CONSOLIDATE ALL FOUR PARCELS INTO A SINGLE LOT.
APNS: 0319-253-28, -29, -30, -84
RECOMMENDATION: That the City Council ensure that the reheard public hearing is conducted in an orderly manner, free from disruptions, and in compliance with due process requirements. For specific actions under City Council consideration, please see the attached original hearing packet from February 13, 2023.
DISCUSSION: Mayor Beaver opened the Public Hearing Item No. 9. City Planner/Planning Manager Matlock presented the Agenda Report.
Applicant Representative Craig Heaps provided a summary of the project and an overview of the differences between the originally proposal project and the revised alternative.
Public Comment
Randy Main, Yucaipa, stated that everything that was requested in terms of adjustments to the project was accomplished.
Arthur Walter, Yucaipa, stated that the number of new residents that this project will accommodate is ludicrous for the area and the City should be held responsible for any issues.
Thomas Murphy, Yucaipa, stated that he understsands that the applicant wants to maximize his investment but that it shouldn't be at the cost to surrounding residents.
Erika Murphy, Yucaipa, stated her concerns with the proposed development project.
Darrel Mack, Yucaipa, stated his concerns with the proposed development project.
Judy Main, Yucaipa, stated her opposition to the proposed development project and requested that the Council not allow the zoning change.
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Gabriele Allen, Yucaipa, proposed that a new traffic study is initiated during peak traffic times and an environmental study prior to Council consideration of the project.
Scarlett Parisi, Yucaipa, stated that there is already so much going on in this small concentrated community and listed the reasons why she is opposed to the proposed project.
Ashley Sepulveda, Yucaipa, stated that an apartment community does not belong in a single family residential home tract.
Holly Pinson, Yucaipa, stated her opposition to the proposed project.
Kevin Miskin, Yucaipa, restated his proposal to amend the project to a reasonable 20-30% increase to the housing density and encourages the Council to listen to the residents.
Hansen Wang, Yucaipa, requested that the applicant present the project in accordance with the zoning.
Jackson Ferris, Yucaipa, stated that there is a lack of multi -family housing in the City and supports the project.
Applicant Rebuttal
Applicant Representative Craig Heaps addressed concerns expressed during public comment and provided additional clarification.
Mayor Beaver closed the Public Hearing at 7:54 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 3-1-1 (MAYOR BEAVER VOTED
NO AND COUNCILMEMBER THORP RECUSED HIMSELF), TO APPROVE STAFF RECOMMENDATION.
ANNOUNCEMENTS
Mayor Pro Tern Duncan announced that he communicated to staff that the Music and Arts Festival was fantastic.
Councilmember Venable also thanked staff on a great event.
Mayor Beaver announced that he is bewildered by the level of crime that is taking place in the city and encouraged community members to reach out to law enforcement to report incidences of crime.
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ADJOURNMENT
The meeting adjourned at 8:04 p.m. The next regularly scheduled meeting will be May 22, 2023 at 6:00 p.m.
ATT Justin Beaver, Mayor
Ana au eh, City Clerk
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