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 September 25, 2023
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of August 24, 2023, August 28, 2023, September 5, 2023 and September 11, 2023 RECOMMENDATION:
That the City Council approve the minutes of the Special City Council meeting held on August 24, 2023, the Regular City Council meeting held on August 28, 2023, the Special City Council meeting held on September 5, 2023, and the Cancelled Meeting minutes of September 11, 2023, as presented.
Attachments:
1. Special Meeting Minutes — 08/24/2023
2. Regular Meeting Minutes — 08/28/2023
3. Special Meeting Minutes — 09/05/2023
4. Cancelled Meeting Minutes — 09/11/2023
Approved By: --
ATTACHMENT 1
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Special Meeting of August 24, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
OPEN SESSION
CALL TO ORDER
Mayor Beaver called the meeting to order at 11:00 a.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Captain Walker.
CITY COUNCIL ROLL CALL
PRESENT: Mayor Beaver
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Chris Venable, Councilmember
ABSENT: Jon Thorp, Councilmember
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana V. Sauseda, Director of General Services/City Clerk PUBLIC COMMENT (Limited to Items on this Agenda)
There were no comments.
DEPARTMENT REPORT
1. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-43, RATIFYING THE
EXISTENCE OF A LOCAL EMERGENCY AFFECTING THE SAFETY OF PERSONS
AND PROPERTY DUE TO TROPICAL STORM HILARY
RECOMMENDATION: That the City Council adopt Resolution No. 2023-43, ratifying the existence of a local emergency affecting the safety of persons and property due to Tropical Storm Hilary.
DISCUSSION: The following members of staff presented the Agenda Report:
• City Manager Chris Mann
• Public Safety Manager Trevor Benson
• Captain Mike Walker
• Director of Development Services/City Engineer Fermin Preciado After Council discussion, the item failed due to a lack of a motion. Mayor Beaver asked that this item be brought back in late 2024.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1(COUNCILMEMBER THORP WAS ABSENT), TO ADOPT RESOLUTION NO.2023-43.
ANNOUNCEMENTS
None.
ADJOURNMENT
Mayor Beaver adjourned the meeting with prayers for the search and rescue personnel who were still working the Seven Oaks area at 11:31 a.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
ATTACHMENT 2
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of August 28, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
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
Jon Thorp, Councilmember
ABSENT: Chris Venable, Councilmember
PUBLIC COMMENT
There were no comments.
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 City Council Minutes Page 1 of 8
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
The City Council entered Closed Session at 5:00 p.m.
OPEN SESSION — 6:00 PM
Mayor Beaver called to order the Regular Meeting of the City Council/Successor Agency/Housing Authority at 6:01 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Captain Walker.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Chris Venable, Councilmember
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 Steven Graham indicated that the following actions were taken:
A. The Council voted to deny the claim by consensus.
B. The Council voted to deny the claim by consensus.
C. The Council voted to deny the claim by consensus.
D. There was no reportable action.
E. There was no reportable action.
City Council Minutes Page 2 of 8
PUBLIC SAFETY UPDATE
• Police — Captain Walker presented the statistics for the prior month. • Fire — Chief Malinowski presented the statistics for the prior month. • Code Enforcement — Ben Matlock, Deputy Director of Development Services, presented the statistics for the prior month.
The following members of the public spoke:
Patty Ingram, Yucaipa, spoke regarding item 3 on the agenda and thanked the Council on behalf of the Pickleball Club.
Dr. Hansen Wang, Yucaipa, made some suggestions regarding the City's budget and spoke about the recall lawsuit.
Joel McCabe, Yucaipa, addressed Mayor Beaver regarding some of his decisions for the last several months.
Denise Work, Yucaipa, spoke about the attorney who represents the City Clerk in the recall lawsuit.
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 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 City Council Minutes Page 3 of 8
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:
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
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:
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.
City Council Minutes Page 4 of 8
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK —CITY YARD UNDERGROUND UTILITY INSTALLATION — PROJECT NO. 11182
RECOMMENDATION: That the City Council:
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:
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:
Reject all bids for the 2022-2023 AC Berm Curb Program — Project No. 11195; and City Council Minutes Page 5 of 8
2. Direct staff to rebid the project and conduct additional project outreach for construction bids/proposals.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1 (COUNCILMEMBER
VENABLE WAS ABSENT), TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 10.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
None.
POSSIBLE ACTION ON PENDING LEGISLATION
11. SUBJECT: LEGISLATIVE ACTION: OPPOSE AB 1484 (ZBUR)
RECOMMENDATION: That the City Council:
Oppose AB 1484; and
2. Authorize the Mayor to issue a letter in opposition to the bill.
DISCUSSION: Director of Government Affairs/PIO Pradetto presented the Agenda Report.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER THORP (COUNCILMEMBER VENABLE WAS ABSENT), CARRIED 4-0-1, TO APPROVE STAFF'S RECOMMENDATION.
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.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion, the following Motion was made:
City Council Minutes Page 6 of 8
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM DUNCAN, CARRIED 4-0-1 (COUNCILMEMBER VENABLE WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION.
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.
DISCUSSION: Housing and Economic Development Analyst Miller presented the Agenda Report.
The following members of the public spoke:
• Dr. Hansen Wang
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1 (COUNCILMEMBER VENABLE WAS ABSENT), TO APPROVE STAFF'S RECOMMENDATION.
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.
DISCUSSION: City Manager Mann presented the Agenda Report.
After Council discussion, the item failed due to a lack of a motion. Mayor Beaver asked that this item be brought back in late 2024.
City Council Minutes Page 7 of 8
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.
DISCUSSION: City Attorney Graham presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1 (COUNCILMEMBER
VENABLE WAS ABSENT), TO APPROVE THE INTRODUCTION AND FIRST READING OF ORDINANCE NO. 434.
ANNOUNCEMENTS
Mayor Beaver announced his upcoming wedding on September 18, 2023. City Manager Chris Mann announced the cancellation of the September 11, 2023, City Council meeting. The next regularly scheduled meeting will be September 25, 2023 at 6:00 p.m. City Manager Mann also announced that the October 9, 2023 City Council meeting would also be cancelled as it falls on Columbus Day.
ADJOURNMENT
The meeting adjourned at 6:56 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes Page 8 of 8
ATTACHMENT 3
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Special Meeting of September 5, 2023
City Hall Council Chambers
34272 Yucaipa Blvd.. Yucaipa. CA 92399
CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 8:00 a.m.
CITY COUNCIL ROLL CALL
PRESENT: Mayor Beaver
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
ABSENT:
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana V. Sauseda, Director of General Services/City Clerk PUBLIC COMMENT (Limited to Items on this Agenda)
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 8:00 a.m.
The City Council reconvened to Open Session at 8:59 a.m.
CLOSED SESSION REPORT
Assistant City Attorney Michael Reiter announced that there was no reportable action.
ADJOURNMENT
Mayor Beaver adjourned the meeting at 8:59 a.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
ATTACHMENT 4
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of September 11, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF YUCAIPA SCHEDULED FOR SEPTEMBER 11, 2023, WAS CANCELLED.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes Page 1 of 1