City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of June 12, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:30 PM
CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:30 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tem
Matt Garner, Councilmember
Chris Venable, Councilmember
Jon Thorp, Councilmember
ABSENT: None
PUBLIC COMMENT
None
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation Government Code Section 54956.9: Claim 2022-06 - #GHC0045394, Jasmine Jones
The City Council entered Closed Session at 5:30 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 6:00 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by San Bernardino County Sheriffs Department Explorer Ryland Fernandez.
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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 Mann indicated that there were no changes to the Agenda.
CLOSED SESSION REPORT
City Attorney Graham reported that the City Council voted 5-0 to reject Liability Claim No. 2022- 06 — GHC0045394, Jasmine Jones.
PUBLIC COMMENT
Mayor Beaver asked the public to maintain decorum and civility during public comment.
Diane Smith, Yucaipa, stated her concerns pertaining to the City's budget.
Martha Glubka, Yucaipa, requested that the Council reconsider the rules for yard sales and stated her concerns with the recall of three sitting councilmembers.
Holly Grimm, Yucaipa, stated her concerns with the recall effort and the City Clerk's filing of a writ of mandate.
City Attorney Graham provided clarification to Holly Grimm's public comment.
Hansen Wang, Yucaipa, stated his concerns with the Serrano Estates project.
Colleen Wang, Yucaipa, stated her concerns with the City Clerk's filing of a writ of mandate on the recall petition of three sitting councilmembers.
Lloyd Rekstad, Yucaipa, stated his concerns with the City Clerk's filing of a writ of mandate on the recall petition of three sitting councilmembers.
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Kathy Sellers, Yucaipa, expressed her concerns with the City Clerk's filing of a writ of mandate on the recall petition of three sitting councilmembers.
Matt Underwood, Yucaipa, stated his concerns with the City Clerk's filing of a writ of mandate on the recall petition of three sitting councilmembers.
Kristine Mohler, Yucaipa, stated her concerns with changes in the way city business is conducted and addressed the embezzlement case that occurred a few years ago.
David Ebarra, Yucaipa, stated his concerns pertaining to the City Clerk's filing of a writ of mandate on the recall petition and City budget concerns.
Glenn A. Stull, representative of Unite IE Coalition, spoke in support of the recall effort.
Amy Simmons, Yucaipa, stated her continued support for the construction of a new library.
City Manager Mann responded to Amy Simmons' public comment.
George Sardeson, Yucaipa, spoke in opposition to the City Clerk's filing of a writ of mandate on the recall petition.
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 THE CITY COUNCIL MINUTES OF MAY 22, 2023 AND MAY 23, 2023
RECOMMENDATION: That the City Council approve the City Council Minutes of May 22, 2023 and May 23, 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: APRIL 2023
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for April 2023.
4. SUBJECT: FISCAL YEAR 2022/2023 ACCOUNTABILITY REPORTS RECOMMENDATION: That the City Council receive the Community Activity Grant Accountability Reports and deem the program requirements complete for Cali-caipa Nooners Lions Club — 2022 Veterans Day Ceremony, Inland Leaders Charter School — City Council Minutes Page 3 of 9
Volleyball Games, and Smiles for Seniors Foundation — Assistance for Low -Income Seniors.
5. SUBJECT: OFFER OF DEDICATION FOR PUBLIC ROADS, CITY HIGHWAYS
AND PUBLIC UTILITY PURPOSES AT THE INTERSECTION OF YUCAIPA
BOULEVARD AT BRYANT STREET INTERSECTION AND ENVIRONMENTAL
REVIEW FOR STORM DRAIN IMPROVEMENTS
RECOMMENDATION: That the City Council:
1. Accept an Offer of Dedication for Public Roads, City Highways and Public Utility Purposes at the intersection of Yucaipa Boulevard at Bryant Street as delineated on the attached Offer of Dedication; and
2. Find that the dedication and offsite drainage improvements in the public alley west of Bryant Street, between Yucaipa Boulevard and Acacia Avenue, are Categorically Exempt pursuant to Section 15301(c) of the CEQA guidelines, and direct staff to file a Notice of Exemption.
6. SUBJECT: AWARD OF CONTRACTS — 2022/2023 MICROSURFACING PROGRAM - PROJECT NO. 11187 AND 2022/2023 CRACK SEALING PROGRAM - PROJECT NO. 11188
RECOMMENDATION: That the City Council:
1. Award and authorize the Mayor to execute a contract and authorize the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, American Asphalt South, Inc. in the amount of $241,321.67 for the 2022/2023 Microsurfacing Program; and
2. Authorize the amounts of $20,000 for construction contract contingency and $7,000 for construction contract administration, staff time and inspection, for a total 2022/2023 Microsurfacing Program construction budget in the amount of $268,321.67; and
3. Award and authorize the Mayor to execute a contract, and authorize the City Manager or his designee to administer the terms of the contract to the lowest responsible bidder, American Asphalt South, Inc.. in the amount of $71,280 for the 2022/2023 Crack Sealing Program; and
4. Authorize the amounts of $5,000 for construction contract contingency and $2,500 for construction contract administration, staff time and inspection, for a total 2022/2023 Crack Sealing Program construction budget in the amount of $78,780; and
5. Approve the plans and specifications prepared for these programs.
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7. SUBJECT: AWARD OF CONTRACT — 2022/2023 PAVEMENT REHABILITATION PROGRAM- PROJECT NO. 11186
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, Matich Corporation of Highland, CA in the amount of $1,173,357 for the 2022/2023 Pavement Rehabilitation Program- Project No. 11186; and
2. Authorize the amounts of $293,000 for construction contract contingency and $97,000 for construction contract administration, staff time, testing and inspection, for a total project budget in the amount of $1,563,357; and
3. Approve the plans and specifications prepared for this project.
8. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-24, DECLARING ITS
INTENTION TO ORDER CONFIRMATION OF ANNUAL ASSESSMENTS FOR
CITY OF YUCAIPA LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1, PURSUANT TO PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE, SECTION 22500 ET SEQ.) TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2023-2024; AND
OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RECOMMENDATION: That the City Council adopt Resolution No. 2023-24, a Resolution of the City Council of the City of Yucaipa, California, declaring its intention to order confirmation of annual assessments for City of Yucaipa Landscaping and Lighting Maintenance District No. 1, pursuant to provisions of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Section 22500 Et Seq.) to levy and collect assessments for fiscal year 2023-2024; and offering a time and place for hearing objections thereto.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 8.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
9. SUBJECT: APPOINTMENT TO THE HEALTHY YUCAIPA COMMITTEE RECOMMENDATION: That Councilmember Matt Garner review the attached Citizens Service Application for Brandi Hickman and consider her appointment to the Healthy Yucaipa Committee.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPOINT BRANDI
HICKMAN TO THE HEALTHY YUCAIPA COMMITTEE.
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10. SUBJECT: APPOINTMENT TO THE TRAILS & OPEN SPACE COMMITTEE RECOMMENDATION: That Councilmember Garner review the attached Citizens Service Applications and appoint one (1) member to the Trails and Open Space Committee to fill a current vacancy.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPOINT TRAVIS HEAPS TO THE TRAILS AND OPEN SPACE COMMITTEE.
DEPARTMENT REPORTS
11. SUBJECT: REQUEST FOR REDUCTION OF CODE ENFORCEMENT FINES — 9889
AZURITE STREET
RECOMMENDATION: That the City Council review the facts and circumstances related to code enforcement fines that have been issued as a result of uncorrected Municipal Code violations located at 9889 Azurite Street, and consider maintaining, reducing, or modifying in some manner the civil fines and penalties that were levied.
DISCUSSION: City Planner/Planning Manager Matlock presented the Agenda Report.
Bill Evans provided details pertaining to code enforcement fines received at the property located at 9889 Azurite Street, Yucaipa, CA.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM DUNCAN, CARRIED 4-1 (COUNCILMEMBER VENABLE VOTED
NO), TO REDUCE CODE ENFORCEMENT FINES TO STAFF COSTS IN THE AMOUNT OF $3,762.95.
12. SUBJECT: LAW ENFORCEMENT SERVICES CONTRACT
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an amendment to the Law Enforcement Services Contract between the City of Yucaipa and the San Bernardino County Sheriff's Department, for a total annual service contract in an amount not to exceed $13,289,621, less the annual personnel credit in the amount of $661,013, for a total net contract amount of not to exceed $12,628,608 for fiscal year 2023-2024.
Councilmember Thorp recused himself due to a potential conflict of interest and left the dias at 7:06 p.m. Councilmember Thorp returned to the dias at 7:09 p.m.
DISCUSSION: Emergency Services Coordinator Benson presented the Agenda Report.
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After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER VENABLE, CARRIED 4-0-1-0 (COUNCILMEMBER THORP RECUSED
HIMSELF), TO APPROVE STAFF RECOMMENDATION.
13. SUBJECT: FISCAL YEAR 2023 - 2024 ANNUAL BUDGET, CAPITAL
IMPROVEMENT PROGRAM, AND OTHER RELATED ACTIONS
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 2023-31, approving the Fiscal Year 2023-2024 Operating Budget and Capital Improvement Program (FY24 Annual Budget) for the City of Yucaipa; and
2. Adopt Resolution No. 2023-25, approving the Fund Balance Policy; and
3. Adopt Resolution No. 2023-26, approving the Fund Balance Commitments in the General Fund; and
4. Adopt Resolution No. 2023-27, approving to Commit 35% of Property Tax Revenue to Fire Protection Services and Paramedic Services; and
5. Adopt Resolution No. 2023-16, adopting the General Unit Salary, Benefit and Classification Plan effective with the pay period beginning July 1, 2023; and
6. Adopt Resolution No. 2023-15, adopting the Management, Supervisory and Confidential Employee Benefit and Classification Plan effective with the pay period beginning July 1, 2023; and
7. Approve the Memorandum of Understanding (MOU) Between the City and the General Employees Unit and the Personnel Rules of the City of Yucaipa; and
8. Adopt Resolution No. 2023-17, adopting the Measure I Five -Year Capital Improvement Program; and
9. Adopt Resolution No. 2023-23, approving the Five -Year Capital Project Needs Analysis (CPNA) for FY2024-2025 through FY2028-2029; and
10. Adopt Resolution No. 2023-20, approving a list of projects for Fiscal Year 2023- 2024 funded by SB1; and
11. Adopt Resolution No. 2023-28, setting the Appropriations Limit for Fiscal Year 2023/2024; and
12. Adopt Resolution No. 2023-29, approving the Fiscal Year 2023-2024 Budget for the Successor Agency to the Yucaipa Redevelopment Agency; and City Council Minutes Page 7 of 9
13. Adopt Resolution No. 2023-30, approving the Fiscal Year 2023-2024 Budget for the Yucaipa Housing Authority; and
14. Approve and authorize the City Manager to execute an amendment to the Agreement for Professional Services with MV Cheng & Associates (Firm) to extend the contract for IT services by one year in an amount not to exceed $145,000 in FY 2023-2024.
DISCUSSION: Director of Finance White presented the Agenda Report.
Hansen Wang, Yucaipa, encouraged Staff and Council to find creative ways to improve on the budget deficit.
Richard Rios, Yucaipa, stated his support of pickleball in the city and encouraged the Council continue to support the sport of pickleball.
Patti Ingram, Yucaipa, encouraged the Council to consider Phase II funding of pickleball.
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
14. SUBJECT: YUCAIPA DISPOSAL 2022 ANNUAL REPORT, SOLID WASTE RATE
ADJUSTMENT, ANNUAL SINGLE-FAMILY RESIDENTIAL PROPERTY TAX ROLL BILLING FOR FISCAL YEAR 2023-24
RECOMMENDATION: That the City Council conduct a public hearing and subsequently:
1. Receive the 2022 Solid Waste Annual Report from Yucaipa Disposal; and
2. Approve the Residential Rate Adjustments, recommended by the Solid Waste Committee, implementing all standard increases; however, the rate subsidy to the 15 and 30-gallon rates are reduced resulting in a 15-gallon rate increase of $2.48 (from $18.21 to $20.69), 30-gallon rate increase of $2.01 (from $24.16 to $26.17) and a 60-gallon rate increase of $1.87 (from $32.71 to $34.58); and
3. Approve the proposed Commercial Refuse Rate Adjustment, which includes Food Waste and Recycling (Recommended by Solid Waste Committee); and
4. Adopt Resolution No. 2023-22, approving the rates and requesting the County of San Bernardino to place collection of costs for single-family residential solid waste, organic waste, and recycling services for Fiscal Year 2023-2024 on the County of City Council Minutes Page 8 of 9
San Bernardino property tax roll pursuant to Chapter 8.28 of the Yucaipa Municipal Code.
DISCUSSION: Mayor Beaver opened the Public Hearing Item No. 14 at 8:00 p.m.
Director of General Services/City Clerk Sauseda presented the Agenda Report and introduced Yucaipa Disposal Representative Richard Nino.
PrPCPntatinn
Mr. Nino highlighted information contained in the 2022 Solid Waste Annual Report, the residential and SB 1383 program updates, and the proposed rates for fiscal year 2023/2024.
Public Comment
None
Mayor Beaver closed the Public Hearing at 8:16 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR BEAVER, CARRIED 3-2 (COUNCILMEMBERS THORP AND VENABLE
VOTED NO), TO APPROVE STAFF RECOMMENDATION.
ANNOUNCEMENTS
The next regularly scheduled meeting will be June 26, 2023 at 6:00 p.m.
ADJOURNMENT
The meeting adjourned at 8:36 p.m.
ATTST: Bobby Duncatf, Mayor Pro Tern
a �auseda, CMC
Director of General Services/City Clerk
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