City Council
Successor Agency
Housing Authority
Meeting Agenda
August 28, 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.
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 – LIABILITY CLAIM – Pursuant to Section 54956.95
Claimant: Christopher Parmelee, individually and successor in interest to Monique Parmelee
Agency claimed against: City of Yucaipa
B. CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIM – Pursuant to Section 54956.95
Claimant: John Stocker
Agency claimed against: City of Yucaipa
C. CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIM – Pursuant to Section 54956.95
Claimant: Cari McCormick
Agency claimed against: City of Yucaipa
D. 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
E. 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
PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement
PUBLIC COMMENT
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 AUGUST 14, 2023 RECOMMENDATION: That the City Council approve City Council Minutes of August 14, 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: AWARD OF CONTRACT - 7TH STREET PICKLEBALL COURTS – CONCRETE FOOTINGS AND STEEL STRUCTURE/COVER INSTALLATION – PROJECT NO. 11150-2
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 in the amount of $155,850 with Three Peaks Corporation of Calimesa, CA for the 7th Street Pickleball Courts – Concrete Footings and Steel Structure/Cover Installation – Project No. 11150-2 (Project); and
2. Approve the amount of $15,585 for contract contingency and the amount of $7,793 for contract administration, inspection, and staff time for a total estimated project cost in the amount of $179,228; and
3. Approve the plans and specifications prepared for the Project.
4. SUBJECT: PUBLIC WORKS MUTUAL AID AGREEMENT WITH SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a Public Works Mutual Aid Agreement with the San Bernardino County Flood Control District; and
2. Designate the City Manager the Public Works Mutual Aid Coordinator on all matters relative to Public Works Mutual Aid for the City; and
3. Designate the Director of Development Services/City Engineer the Alternate Public Works Mutual Aid Coordinator on all matters relative to Public Works Mutual Aid for the City; and
4. Authorize the City Manager or his designee to administer the terms of the agreement.
5. SUBJECT: CONTRACT AMENDMENT NO. 1 WITH ANIMAL PEST
MANAGEMENT SERVICES, INC. – PEST MANAGEMENT PROGRAM
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute Contract Amendment No. 1 with Animal Pest Management Services, Inc. for the Pest Management Program in the amount of $3,000 for a revised contract total amount of $9,762.
6. SUBJECT: RESOLUTION AND UPDATE OF DESIGNATION OF CITY AGENT(S)
FOR PURPOSES OF OBTAINING FEDERAL AND STATE ASSISTANCE FOR
DISASTERS
RECOMMENDATION: That the City Council:
1. That City Council adopt Resolution No. 2023-41 naming the agents of the City who may execute applications and other documents for the purpose of obtaining federal and or state financial assistance; and
2. Approve the attached Designation of the Applicant’s Agent Resolution for Non-State Agencies form designating the City’s Authorized Agents to execute agreements or other documents required in connection with obtaining Federal and State disaster assistance.
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK –CITY YARD UNDERGROUND UTILITY INSTALLATION – PROJECT NO. 11182
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by MCC Equipment Rentals, Inc. in the amount of $505,000 for the City Yard Underground Utility Installation – Project No. 11182; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept As-Built Plans for the Project.
8. SUBJECT: RIGHT OF ENTRY AGREEMENT - INLAND EMPIRE RESOURCE
CONSERVATION DISTRICT
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a Right of Entry Agreement (Agreement) between the Inland Empire Resource Conservation District and the City of Yucaipa for the purpose of performing habitat restoration and enhancement pursuant to the Wildlife Conservation Board’s Monarch Pollinator Grant Agreement; and
2. Authorize the City Manager or his designee to administer the terms of the Agreement.
9. SUBJECT: AWARD OF CONTRACT WORK – FISCAL YEAR 2023/2024 CONCRETE PROGRAM PHASE I – PROJECT NO. 11194
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, Three Peaks Corp. of Calimesa, CA in the amount $86,982.50 for the FY 2023/2024 Concrete Program Phase I, Project No. 11194 (Project); and
2. Approve the amount of $8,600 for construction contract contingency and the amount of $4,300 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $99,883; and
3. Approve the plans and specifications prepared for the Project; and
4. Authorize an amendment to the FY2023/2024 Multi-Year Capital Improvement Program (CIP) Budget to increase the Concrete Program expenditures by $99,883.
10. SUBJECT: REJECT BIDS – 2022-2023 AC BERM CURB PROGRAM – PROJECT NO. 11195
RECOMMENDATION: That the City Council:
1. Reject all bids for the 2022-2023 AC Berm Curb Program – Project No. 11195; and
2. Direct staff to rebid the project and conduct additional project outreach for construction bids/proposals.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
POSSIBLE ACTION ON PENDING LEGISLATION
11. SUBJECT: LEGISLATIVE ACTION: OPPOSE AB 1484 (ZBUR) RECOMMENDATION: That the City Council:
1. Oppose AB 1484; and
2. Authorize the Mayor to issue a letter in opposition to the bill.
DEPARTMENT REPORTS
12. SUBJECT: 2023 AUTUMNFEST
RECOMMENDATION: That the City Council:
1. Review and approve the 2023 Autumnfest layout and associated street closures; and
2. Approve the Beer and Wine Garden and associated boundaries; and
3. Approve a $5,000 increase to Autumnfest budgeted expenditures.
13. SUBJECT: PURCHASE AND SALE AGREEMENT – SG OPAL, INC. - PROPERTY LOCATED ADJACENT TO 32788 OAK GLEN ROAD
RECOMMENDATION: That the City Council:
1. Approve the property Purchase and Sale Agreement with SG Opal, Inc. for the sale of City-owned right-of-way located adjacent to 32788 Oak Glen Road in the amount of $198,298.62; and
2. Authorize the City Manager, or his designee to execute the necessary documents to complete the sale of the property.
14. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 433, AMENDING SECTION 2.04.020 OF THE YUCAIPA MUNICIPAL CODE RELATED TO CITY COUNCILMEMBER COMPENSATION PURSUANT TO SENATE BILL 329 RECOMMENDATION: That the City Council:
1. Waive Full Reading and Introduce by Title Only Ordinance No. 433, an ordinance of the City Council of the City of Yucaipa, California, Amending Section 2.04.020 of the Yucaipa Municipal Code Related to the Compensation of City Councilmembers Pursuant to Senate Bill 329; and
2. Direct the City Clerk to place the Ordinance on the Consent Calendar for the next Regular City Council meeting that is at least seven (7) days from today.
15. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 434, AMENDING SECTION 8.16.032 OF THE YUCAIPA MUNICIPAL CODE RELATED
TO VACANT STRUCTURES
RECOMMENDATION: That the City Council:
1. Waive Full Reading and Introduce by Title Only Ordinance No. 434, an ordinance of the City Council of the City of Yucaipa, California, Amending Section 8.16.032 of the Yucaipa Municipal Code Related Vacant Structures; and
2. Direct the City Clerk to place the Ordinance on the Consent Calendar for the next Regular City Council meeting.
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 08/25/2023, 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