City Council
Successor Agency
Housing Authority
Meeting Agenda
August 14, 2023
5:00 PM – Closed Session
6:00 PM – Open Session
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd., Yucaipa, California
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.
THE CITY OF YUCAIPA COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING (PURSUANT TO 28 CFR 35.102.35.104 ADA TITLE II), PLEASE CALL THE CITY CLERK’S DEPARTMENT AT (909) 797-2489 AT LEAST 48-HOURS PRIOR TO THE MEETING.
CEQA STATEMENT: UNLESS STATED OTHERWISE ON THE AGENDA, EVERY ITEM ON THE AGENDA IS EXEMPT FROM CEQA GUIDELINES SECTIONS 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 AND/OR PUBLIC RESOURCE CODE SECTION 21065.
PURSUANT TO GOVERNMENT CODE SECTION 54957.5, ANY DISCLOSABLE PUBLIC
RECORDS RELATED TO AN OPEN SESSION ITEM ON A REGULAR MEETING AGENDA
AND DISTRIBUTED BY THE CITY OF YUCAIPA TO ALL OR A MAJORITY OF THE CITY COUNCIL, LESS THAN 72 HOURS PRIOR TO THAT MEETING, ARE AVAILABLE FOR PUBLIC INSPECTION AT YUCAIPA CITY HALL, 34272 YUCAIPA BOULEVARD, YUCAIPA, CA 92399, DURING NORMAL BUSINESS HOURS.
MEMBERS OF THE CITY COUNCIL ALSO SIT AS THE BOARD FOR THE SUCCESSOR AGENCY AND COMMISION FOR THE HOUSING AUTHORITY. THIS IS THE TIME AND
PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING AUTHORITY. PLEASE COMPLETE A SPEAKER’S FORM AND RETURN IT TO THE CITY CLERK PRIOR TO THE BEGINNING OF THE MEETING.
THERE IS A THREE-MINUTE TIME LIMIT FOR SPEAKING.
PUBLIC COMMENT VIA MAIL OR EMAIL must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting.
The subject line should specify “Public Comment” and include the date of the meeting.
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WRITTEN PUBLIC COMMENT SUBMITTED ON NON-AGENDA ITEMS AND ON SPECIFIC AGENDA ITEMS will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City’s website at https://yucaipa.org/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
LIVE STREAM/RECORDING OF CITY COUNCIL MEETINGS:
Members of the public may watch city council meetings live at: https://yucaipa.org/live .
CLOSED SESSION – 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – (Paragraph (1) of subdivision (d) of Section 54956.9) Yucaipa Preservation Society v. City of Yucaipa, et al. San Bernardino Superior Court Case No. CIVSB2308052
B. CONFERENCE WITH LEGAL COUNSEL - CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: APN 032110101
Agency negotiator: City Manager
Negotiating parties: Mike Kooyman
Under negotiation: Price and Terms of Payment
OPEN SESSION – 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CHANGES TO THE AGENDA
CLOSED SESSION REPORT
SPECIAL PRESENTATION
YAPS Dog of the Month
Wildwood Fire Safe Council
PUBLIC COMMENT
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CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non-controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
1. SUBJECT: APPROVE COUNCIL MINUTES OF JULY 24, 2023
RECOMMENDATION: That the City Council approve City Council Minutes of July 24, 2023.
2. SUBJECT: SECOND READING OF ORDINANCE NO. 425
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 425, an Ordinance of the City Council of the City of Yucaipa, California, Adding Chapter 5.32 to the Yucaipa Municipal Code Regarding Hotels and Motels.
3. 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.
4. SUBJECT: ANNUAL INVESTMENT POLICY UPDATE
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 2023-40 – Annual Investment Policy Update; and
2. Delegate its investment authority to the City Treasurer for a one-year period.
5. SUBJECT: MONTHLY TREASURER’S REPORT JULY 2023
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer’s Report for July 2023.
6. SUBJECT: ACCEPTANCE OF CONTRACT WORK – DEMOLITION OF THEATRE STRUCTURE AT 33994 AVENUE E – PROJECT NO. 11150
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by NR Development, Inc. in the amount of $38,500 for Demolition of Theatre Structure at 33994 Avenue E – Project No. 11150; and
2. Authorize the recordation of the Notice of Completion for the Project. 308/14/2023 City Council Agenda
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK – 2021-2022 CONCRETE PROGRAM – PROJECT NO. 11158
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by CT&T Concrete Paving, Inc. in the amount of $80,517.90 for the 2021-2022 Concrete Program – Project No. 11158; and
2. Authorize the recordation of the Notice of Completion for the Project.
8. SUBJECT: SPECIAL EVENT PERMIT APPLICATION – YUCAIPA ELKS LODGE #2389
RECOMMENDATION: That the City Council:
1. Approve a Special Event Permit Application submitted by Yucaipa Elks Lodge #2389; and
2. Approve the closure of Avenue A east of 2nd Street and west of 1st Street; and
3. Waive the Special Event Permit Application Fee of $200.
9. SUBJECT: CITY FLEET VEHICLE PURCHASE AUTHORIZATION
RECOMMENDATION: That the City Council:
1. Approve an amendment to the FY24 Budget in the amount of $105,000 for capital in the Public Works Street Maintenance division of the Gas Tax Fund; and
2. Approve and authorize the City Manager to execute the purchase of two (2) light- duty trucks for the Public Works Street Maintenance Division in the not to exceed amount of $105,000; and
3. Approve an amendment to the FY24 Budget in the amount of $20,000 for capital in the Non-Departmental division of the General Fund; and
4. Authorize the City Manager to purchase one (1) passenger vehicle for use by City staff as a pool car to conduct City business in the not to exceed amount of $55,000.
10. SUBJECT: ACCEPTANCE OF CONTRACT WORK – NEW CITY YARD TENANT IMPROVEMENTS – PROJECT NO. 11167
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Three Peaks Corporation in the amount of $610,003 for the New City Yard Tenant Improvements – Project No. 11167; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept As-Built Plans for the Project.
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11. SUBJECT: AWARD OF CONTRACTS – ON-CALL EMERGENCY
CONSTRUCTION AND MAINTENANCE SERVICES FOR THE CITY OF YUCAIPA FOR FISCAL YEARS 2023/2024 & 2024/2025
RECOMMENDATION: That the City Council:
1. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with MCC Equipment Rentals, Inc. of Yucaipa, California in the not-to-exceed amount of $20,000 per year for On- Call Emergency Construction and Maintenance Services for the City of Yucaipa for Fiscal Years 2023/2024 & 2024/2025; and
2. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with Borden Excavating of Calimesa, California in the not-to-exceed amount of $20,000 per year for On-Call Emergency Construction and Maintenance Services for the City of Yucaipa for Fiscal Years 2023/2024 & 2024/2025; and
3. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with Jeff Ott Construction of Yucaipa, California in the not-to-exceed amount of $20,000 per year for On-Call Emergency Construction and Maintenance Services for the City of Yucaipa for Fiscal Years 2023/2024 & 2024/2025; and
4. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with Three Peaks Corporation of Calimesa, California in the not-to-exceed amount of $20,000 per year for On-Call Emergency Construction and Maintenance Services for the City of Yucaipa for Fiscal Years 2023/2024 & 2024/2025; and
5. Award and authorize the City Manager to execute a contract and the City Manager or his designee to administer the terms of the contract with Jeremy Harris Construction, Inc. of Riverside, California in the not-to-exceed amount of $20,000 per year for On- Call Emergency Construction and Maintenance Services for the City of Yucaipa for Fiscal Years 2023/2024 & 2024/2025; and
6. Authorize an amendment to the FY24 Budget of $100,000 for capital in the Engineering division of the General Fund.
12. SUBJECT: ACCEPTANCE OF CONTRACT WORK – 2ND STREET & 3RD STREET AT AVENUE E ROUNDABOUTS ELECTRICAL/LIGHTING & HARDSCAPE – PROJECT NO. 11165
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Three Peaks Corporation in the amount of $285,877 for the 2nd Street & 3rd Street at Avenue E Roundabouts Electrical/Lighting & Hardscape – Project No. 11165 (Project); and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Approve the as-built plans and specifications for the Project. 508/14/2023 City Council Agenda
13. SUBJECT: ACCEPTANCE OF CONTRACT WORK – ADAMS STREET AND AVENUE B STREET SIDEWALK IMPROVEMENTS CDBG PROJECT – PROJECT NO. 11089
RECOMMENDATION: That the City Council:
1. Accept the contract and extension work completed by Three Peaks Corp. in the amount of $571,946.74 for the Adams Street and Avenue B Street Sidewalk Improvements CDBG Project – Project No. 11089; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Approve the as-built plans and specifications for the Project.
14. SUBJECT: CONTRACT AMENDMENT NO. 1 WITH ECONOLITE SYSTEMS -
TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION: That the City Council authorize the City Manager to execute Contract Amendment No. 1 with Econolite Systems for Traffic Signal Maintenance and Repair Services in the amount of $16,000 for a revised contract total in the amount of $128,889 for FY2023.
15. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-39, ESTABLISHING A POLICY
FOR THE DISTRIBUTION OF EVENT TICKETS AND PASSES TO CITY OFFICIALS RECOMMENDATION: That the City Council adopt Resolution No. 2023-39, establishing a policy for the distribution of event tickets and passes to city officials.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
POSSIBLE ACTION ON PENDING LEGISLATION
16. SUBJECT: OPPOSE ASSEMBLY BILL 309
RECOMMENDATION: That the City Council:
1. Oppose Assembly Bill 309 (AB 309) by Assemblymember Alex Lee (D-Fremont), which would create the Social Housing Program within the California Department of General Services to facilitate the construction of government-owned housing on leased state property or excess state-owned property, and
2. Authorize the Mayor to sign a letter of opposition.
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DEPARTMENT REPORTS
17.SUBJECT: HEALTHY YUCAIPA RUN SERIES WRAP-UP REPORT
RECOMMENDATION: That the City Council receive and file the Healthy Yucaipa Run Series wrap-up report.
18.SUBJECT: SCHOOL DISTRICT REQUEST FOR FUNDING A SECOND SCHOOL
RESOURCE OFFICER (SRO) POSITION
RECOMMENDATION: That the City Council:
1.Approve and authorize the City Manager to execute an agreement between the City of Yucaipa and the Yucaipa Calimesa Joint Unified School District regarding the funding for a second School Resource Officer position; and
2.Approve and authorize the City Manager to execute an amendment to the Schedule A of the Law Enforcement Services Agreement with the County of San Bernardino adding a second School Resource Officer position, effective September 1, 2023; and
3.Approve a budget adjustment to increase police services revenue by $324,260 and to increase police services expenditures by $385,000 for a net cost increase of $61,650.
19.SUBJECT: POLICE DEPARTMENT 2022 ANNUAL REPORT
RECOMMENDATION: That the City Council receive and file the Police Department’s Annual Report for 2022.
ANNOUNCEMENTS
ADJOURNMENT
AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.
City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 08/11/2023, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www.yucaipa.org
Ana V. Sauseda, CMC
City Clerk
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CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
Agenda Item No. ____ _
FROM: Ana V. Sauseda, Director of General Services/City Clerk fr/5, FOR: City Council Meeting of August 14, 2023
SUBJECT: Second Reading of Ordinance No. 425, an Ordinance of the City Council of the City of Yucaipa, California, Adding Chapter 5.32 to the Yucaipa Municipal Code Regarding Hotels and Motels
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 425, an Ordinance of the City Council of the City of Yucaipa, California, Adding Chapter 5 .32 to the Yucaipa Municipal Code Regarding Hotels and Motels.
Attachment:
1.Ordinance No. 425
Approved By: � �------
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Order No. 4 in the amount of $3,900 was approved by staff to excavate and install electrical conduit for new streetlights that needed to be relocated. Change orders 1, 3, and 4 were within the contract contingency amount. The overall hardscape treated areas improve aesthetics at the intersections and reduce utility and maintenance costs associated with weed abatement and irrigation of the public right of way at the intersections. It should be noted that hardscape improvements were not installed in several areas around the perimeter of the roundabouts, due to the possibility of fencing improvements (similar to the roundabout fencing in the Uptown) to be installed as a part of a separate contract. Based on the guidelines for roundabout intersection design, and experience with maintenance/repairs of fencing in the Uptown roundabouts, staff will evaluate options for improving these areas, and return to council with appropriate recommendations for these areas.
Field inspections perfotmed by staff during the course of the work and upon completion of the work have assured that the work was completed in accordance with the contract specifications for each facility.
FISCAL IMP ACT:
The table below includes the approved budget and actual costs for the Project:
Approved Budget Actual Cost
A warded Contract $208,948 $208,948
Contract Contingency 21,000 20,890
Change Order No. 1 56,039 56,039
Contract Subtotal (including Change Order authorizations) $285,987 $285,877 Construction Contract Administration/ Admin./Staff Time 11,000 11,000 Total Construction Budget $296,984 $296,877
As shown in the table above, the actual cost of the Project in the amount of $296,877 is less than the budget approved by the City Council. No further fiscal impact is being requested.
Attachments:
1. Notice of Completion-Project No. 11165
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CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
Agenda Item No.
FROM: Ana V. Sauseda, Director of General Services/City Clerk frv� FOR: City Council Meeting of August 14, 2023
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SUBJECT: Adoption of Resolution No. 2023-39, Establishing a Policy for the Distribution of Event Tickets and Passes to City Officials
RECOMMENDATION:
That the City Council adopt Resolution No. 2023-39, establishing a policy for the distribution of event tickets and passes to city officials.
DISCUSSION:
From time to time, the City of Yucaipa receives event tickets and passes from third party sources, or obtains them directly, for use by elected officials and employees ("Officials") in ceremonial roles or other City-related activities. Officials are sometimes offered tickets and passes from third party sources for personal use, as well. The City does not currently have an updated ticket distribution policy, and Officials often have questions regarding whether the receipt of certain tickets is prohibited or otherwise subject to reporting requirements.
The California Fair Political Practices Commission ("FPPC") is the administering agency for the Political Reform Act and promulgates regulations ("FPPC Regulations") pertaining to conflicts of interest for elected officials and public employees. Under FPPC Regulations, tickets given to an Official are considered "gifts" and may be subject to mandatory reporting requirements depending on their value. Moreover, Officials may not accept tickets from any single source totaling more than Five Hundred Twenty Dollars ($590) in a calendar year.
Pursuant to FPPC Regulation 18944.1 ("Section 18944.1 "), a ticket is not considered a gift to an Official if a local agency distributes the ticket to the Official in accordance with a duly adopted written policy consistent with the provisions of Section 18944.1, which requires that the policy describe the public purposes for the use of such tickets.
By adopting this resolution, the City Council would be adopting a policy ("Policy") to ensure that any ticket provided to the City by any third party, or purchased or obtained directly by the City, is distributed to Officials in a manner that serves and promotes a public purpose of the City, consistent with the requirements of Section 18944.1. In doing so, any ticket received by the Official pursuant to the Policy would not be considered a "gift" for purposes of FPPC Regulations, but the City would need to post a Form 802 to identify persons that receive tickets and detail the public 15 11308/14/2023 City Council Agenda
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