Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of August 28, 2023
SUBJECT: Approve the Council Minutes of August 14, 2023 RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on August 14, 2023, as presented.
Attachments:
1. Regular Meeting Minutes — 08/14/2023
Approved By:� f ``
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of August 14, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:00 PM
CALL TO ORDER
Mayor Pro Tern Duncan called the Closed Session meeting to order at 5:00 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Bobby Duncan, Mayor Pro Tem
Matt Garner, Councilmember
Chris Venable, Councilmember
Jon Thorp, Councilmember
ABSENT: Justin Beaver, Mayor
There were no comments.
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
The City Council entered Closed Session at 5:00 p.m.
OPEN SESSION — 6:00 PM
Mayor Pro Tern Duncan called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:00 p.m.
Pledge of Allegiance was led by Captain Walker.
City Council Minutes Page 1 of 9
CITY COUNCIL ROLL CALL
PRESENT: Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
ABSENT: Justin Beaver, Mayor
STAFF
PRESENT: Chris Mann, 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 Steven Graham stated that direction was given on Item A by consensus and there was no reportable action on Item B.
SPECIAL PRESENTATION
Krista Dunlop presented the Dog of the Month on behalf of YAPS.
Chief Malinowski introduced the Wildwood Fire Safe Council who presented a short video.
PUBLIC COMMENT
Richard Frost, Yucaipa, inquired if the City has an ordinance regarding skateboarding on sidewalks.
Denise Winter, Yucaipa, discussed Burrtec and the franchise fees received by the City.
Martha Glubka, Yucaipa, discussed fundraising efforts for the recall lawsuit and shared her opinion on the recall.
Kathy Sellers, Yucaipa, asked the Council to consider adopting an ordinance regarding Council code of conduct.
Caecilia Johns, Yucaipa, shared her opinions regarding the recall.
Joel McCabe, Yucaipa, questioned the property acquisition items on the Closed Session agenda and recommended that the City use the money to build a library instead.
City Council Minutes Page 2 of 9
Kristine Mohler, Yucaipa, addressed the positive things happening in the City. She acknowledged former employee Shane Massoud. Lastly, she discussed the MOU with the Five Winds Ranch.
City Manager Mann addressed the comments about former employee Shane Massoud made by Ms. Mohler.
Hansen Wang, Yucaipa, spoke about Make a Difference Day. He discussed the tragic wildfires in Maui and spoke about the importance of fire mitigation here in Yucaipa.
Amy Simmons, Yucaipa, thanked the City for removing the overgrown vines from the front of library and asked that the City consider continuing this routine maintenance.
Kevin Miskin, Yucaipa, expressed his opinions on the recall.
CONSENT AGENDA
Mayor Pro Tern Duncan asked if there were any Consent Agenda items to be removed for discussion. Item 14 was removed for discussion per Councilman Thorp's request.
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.
City Council Minutes Page 3 of 9
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.
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 1 st 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.
City Council Minutes Page 4 of 9
10. SUBJECT: ACCEPTANCE OF CONTRACT WORK — NEW CITY YARD TENANT IMPROVEMENTS — PROJECT NO. 11167
RECOMMENDATION: That the City Council:
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 Accept As -Built Plans for the Project.
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:
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
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
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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.
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.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1, (WITH MAYOR BEAVER ABSENT) TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 15 WITH THE EXCEPTION OF ITEM NO. 14.
City Council Minutes Page 6 of 9
ITEM REMOVED FOR DISCUSSION
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.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1, (WITH MAYOR BEAVER ABSENT) TO APPROVE ITEM NO. 14.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTSI
Councilmember Venable spoke about the upcoming Make a Difference Day and the success of National Night Out.
POSSIBLE ACTION ON PENDING LEGISLATION
16. SUBJECT: OPPOSE ASSEMBLY BILL 309
RECOMMENDATION: That the City Council:
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.
DISCUSSION: Director of Government Affairs/PIO Pradetto presented the Agenda Report.
The following members of the public spoke:
• Donna Snodgrass
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1, (WITH MAYOR BEAVER ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
City Council Minutes Page 7 of 9
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.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
The following members of the public spoke:
e Hansen Wang
There was no action taken as this was a receive and file only.
18. SUBJECT: SCHOOL DISTRICT REQUEST FOR FUNDING A SECOND SCHOOL
RESOURCE OFFICER (SRO) POSITION
RECOMMENDATION: That the City Council:
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 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.
Councilmember Thorp recused himself due to the nature of his employment and left the dais at 7:08 p.m.
DISCUSSION: Public Safety Manager Benson presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 3-0-1-1, (WITH COUNCILMEMBER
THORP RECUSED AND MAYOR BEAVER ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
Councilmember Thorp returned to the dais at 7:14 p.m.
19. SUBJECT: POLICE DEPARTMENT 20220 ANNUAL REPORT
RECOMMENDATION: That the City Council receive and file the Police Department's Annual Report for 2022.
City Council Minutes Page 8 of 9
DISCUSSION: Captain Walker presented the Agenda Report.
There was no action taken as this was a receive and file only.
ANNOUNCEMENTS
Councilmember Venable announced Make a Difference Day would take place on October 28t" Mayor Pro Tern Duncan announced that Autumn Fest would take place in September and the Five Winds Music Festival would take place in October.
ADJOURNMENT
Mayor Pro Tern Duncan asked for a moment of silence to recognize the lives lost in the Maui fires and adjourned the meeting in their honor at 7:44 p.m.
Bobby Duncan, Mayor Pro Tem
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes Page 9 of 9