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 November 13, 2023
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of October 23, 2023
RECOMMENDATION:
That the City Council approve the City Council/Successor Agency/Housing Authority minutes of October 23, 2023, as presented.
Attachments:
1. Regular Meeting Minutes — 10/23/2023
Approved By:
ATTACHMENT 1
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of October 23, 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 5:01 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Matt Garner, Councilmember
Jon Thorp, Councilmember
Chris Venable, Councilmember
ABSENT: None
PUBLIC COMMENT
There were no comments.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases (2)
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 5:02 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 6:02 p.m.
City Council Minutes Page I of 10
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Lieutenant Scovel.
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
Kimberly Metzler, Deputy City Clerk/Deputy Rent Administrator/Records Technician
CLOSED SESSION REPORT
City Attorney Steven Graham indicated that there was no reportable action.
CHANGES TO THE AGENDA
City Manager Chris Mann announced that items 17 & 18 would be continued to the November 13, 2023 City Council meeting.
SPECIAL PRESENTATION
CERT Sponsor Captain Donald Colada presented certificates to the community member volunteers.
PUBLIC SAFETY UPDATE
• Police — Lieutenant Scovel presented the statistics for the prior month. • Fire — Chief Malinowski presented the statistics for the prior month. • Code Enforcement — Fermin Preciado, Director of Development Services/City Engineer, presented the statistics for the prior month.
PUBLIC COMMENT
The following members of the public spoke:
• Joel McCabe
• Kathy Sellers
City Council Minutes Page 2 of 10
• Hansen Wang
• Richard Galves
CONSENT AGENDA
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. Item No. 11 was removed for discussion.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 24, 2023, SEPTEMBER 25, 2023, AND OCTOBER 9, 2023
2. 3.
4. 5.
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of August 24, 2023, September 25, 2023, and October 9, 2023, as presented.
SUBJECT: SECOND READING OF ORDINANCE NO.432
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 432, an Ordinance of the City Council of the City of Yucaipa, California, Amending Development Code Section 83.040701 of Chapter 4 (Division of Land Procedures) of Division 3 (Procedures) of the Yucaipa Development Code Related to Authorizing the Processing of Lot Merger Applications for Projects that Span Multiple Contiguous Parcels 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.
SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO
TROPICAL STORM HILARY
RECOMMENDATION: That the City Council extend the declaration of a local emergency as a result of Tropical Storm Hilary.
SUBJECT: ACCEPTANCE OF CONTRACT WORK — FISCAL YEAR 2023/2024 CONCRETE PROGRAM PHASE I — PROJECT NO. 11194
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Three Peaks Corp. in the amount of $95,187 for the 2022-2023 Concrete Program — Project No. 11194; and
2. Authorize the recordation of the Notice of Completion for the Program.
City Council Minutes Page 3 of 10
6. SUBJECT: ACCEPTANCE OF CONTRACT WORK — DESIGN AND
DEVELOPMENT OF THE WILDWOOD SINGLE TRACK MOUNTAIN BIKE TRAIL — PHASE III — PROJECT NO. 11103
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Bellfree Contractors in the amount of $81,882 for the Design and Development of the Wildwood Single Track Mountain Bike Trail — Phase III — Project No. 11103 (Project); and
2. Authorize the recordation of the Notice of Completion for the Project.
7. SUBJECT: ACCEPTANCE OF CONTRACT WORK — AVENUE E STREET IMPROVEMENTS, DUNLAP BOULEVARD TO YUCAIPA BOULEVARD PROJECT — PROJECT NO. 11185
RECOMMENDATION: That the City Council:
Accept the contract work completed by Three Peaks Corp. in the amount of $342,762.95 for the Avenue E Street Improvements, Dunlap Boulevard to Yucaipa Boulevard Project — Project No. 11185; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
8. SUBJECT: CONTRACT AMENDMENT NO.2 WITH ALLISON MECHANICAL, INC.
FOR HVAC OPERATIONS AND MAINTENANCE SERVICES AT VARIOUS CITY -
OWNED PUBLIC FACILITIES
RECOMMENDATION: That the City Council authorize the City Manager to execute Contract Amendment No. 2 with Allison Mechanical, Inc. for HVAC Operations and Maintenance Services at Various City -Owned Public Facilities (Program) in the amount of $45,000 for HVAC system repairs at City facilities for a revised contract total in the amount of $115,531 for FY24.
9. SUBJECT: CAL FIRE WILDLAND PROTECTION REIMBURSEMENT AGREEMENT FOR FY 23/24
RECOMMENDATION: That the City Council:
1. Approve a Wildland Protection Agreement between the City of Yucaipa and CAL FIRE; and
2. Authorize the City Manager to execute the agreement and act as the representative for the City of Yucaipa.
City Council Minutes Page 4 of 10
10. SUBJECT: INFRASTRUCTURE CONSTRUCTION AND COORDINATION
AGREEMENT WITH THE YUCAIPA VALLEY WATER DISTRICT REGARDING
PAVEMENT REHABILITATION
RECOMMENDATION: That the City Council:
1. Approve and authorize the City Manager to execute an Infrastructure Construction and Coordination Agreement with the Yucaipa Valley Water District in the amount of $131,940 for the pavement rehabilitation road improvement project on Goldstone Street and Peach Tree Circle; and
2. Amend the FY2023/2024 Capital Improvement Program by adding the amount of $91,940 in funding from the Yucaipa Valley Water District.
12. SUBJECT: APPROVAL OF PURCHASE — RUBBER SURFACING AT YUCAIPA
COMMUNITY PARK
RECOMMENDATION: That the City Council:
1. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications in accordance with the City of Yucaipa Municipal Code Section 2.24.060 and Ordinance No. 42, and approve the purchase of the Rubber Surfacing at the Yucaipa Community Park Playground; and
2. Approve and authorize the City Manager to execute a purchase order with ORTOC Inc. for the purchase and installation of Rubber Surfacing for the Yucaipa Community Park playground, in the amount of $123,600.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, CARRIED 5-0, TO APPROVE CONSENT
AGENDA ITEMS WITH THE EXCEPTION OF ITEM 11.
ITEM REMOVED FOR DISCUSSION
11. SUBJECT: CHANGE ORDER NO. 1 - 7TH STREET PICKLEBALL COURTS —
CONCRETE FOOTINGS AND STEEL STRUCTURE/COVER INSTALLATION PROJECT — PROJECT NO. 11150-2
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute Change Order No. 1 to the contract with Three Peaks Corporation in the amount of $21,291.92 for the 7th Street Pickleball Courts — Concrete Footings and Steel Structure/Cover Installation Project — Project No. 11150-2, for a revised contract amount of $177,141.92.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
City Council Minutes Page 5 of 10
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
13. SUBJECT: YOUTH ADVISORY COMMITTEE APPOINTMENTS
RECOMMENDATION: That the City Council:
1. Appoint Marissa Ulibarri to the Youth Advisory Committee for a two-year term from October 23, 2023, to September 1, 2025; and
2. Extend the appointment of Gesenia Ramirez to the Youth Advisory Committee for an additional two-year term from October 23, 2023, to September 1, 2025.
DISCUSSION: Recreation Superintendent Martinez presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF'S RECOMMENDATION.
DEPARTMENT REPORTS
14. SUBJECT: FUNDING AGREEMENT WITH INLAND EMPIRE RESOURCE
CONSERVATION DISTRICT
RECOMMENDATION: That the City Council:
1. Approve and authorize the City Manager to execute a funding agreement with the Inland Empire Resource Conservation District; and
2. Accept $100,000 in grant funding from the Regional Forest and Fire Capacity Program for the purchase of a Heavy Duty Wood Chipper; and
3. Approve budget adjustments to the Fire Department budget for the grant funding and equipment purchase.
DISCUSSION: Chief Malinowski presented the Agenda Report.
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'S
RECOMMENDATION.
City Council Minutes Page 6 of 10
PUBLIC HEARING
15. SUBJECT: CITY OF YUCAIPA (CASE NO. 22-165/DCA/ORD): CONSIDERATION OF ORDINANCE NO. NO. 429, PROPOSING AMENDMENTS TO STREAMLINE THE REVIEW PROCESS INITIALLY DEVELOPED AS PART OF ORDINANCE NO. 344, WHICH AMENDED CHAPTER 4 (LAND USE MODIFICATIONS) OF DIVISION 5 (OVERLAY DISTRICTS) OF VOLUME II (DEVELOPMENT CODE) OF THE
YUCAIPA MUNICIPAL CODE ESTABLISHING MOBILEHOME PARK
CONVERSION STANDARDS, TO COMPLY WITH THE CITY'S HOUSING ELEMENT (CONTINUED FROM SEPTEMBER 25, 2023)
RECOMMENDATION: That the City Council consider the Planning Commission's recommendation to:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 429 amending Division 4 of the Yucaipa Development Code to streamline the review process initially developed as part of Ordinance No. 344, to achieve compliance with Program #8 of the City's Housing Element; and
2. Find that the Ordinance is exempt from Environmental Review as an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report that had been prepared for the 6th Cycle Housing Element Update (2021-2029) in accordance with Section 15164 of the CEQA Guidelines, and identified that the conditions outlined in Section 15162 of the Guidelines that call for preparation of a subsequent or supplemental EIR were not met; further the adoption of the Ordinance is consistent with Program #8 identified in the Housing Element, and would not result in impacts not originally analyzed in the Addendum to the 2016 General Plan EIR.
Mayor Beaver recused himself due to a conflict of interest and left the dais at 6:48 p.m. • Public Hearing Opened
Mayor Pro Tern Duncan opened the Public Hearing Item No. 15 at 6:48 p.m. • Staff Presentation
Associate Planner Jordan presented the Agenda Report.
• Applicant Presentation
There was no applicant presentation.
• Public Comments
The following members of the public spoke:
➢ Mark Westwood
➢ JoEva M. Peabody
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• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Pro Tern Duncan closed the Public Hearing at 7:07 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER GARNER, CARRIED 4-0-1, (MAYOR BEAVER RECUSED HIMSELF) TO APPROVE STAFF'S RECOMMENDATION.
Mayor Beaver returned to the dais at 7:10 p.m.
16. SUBJECT: CITY OF YUCAIPA (CASE NO. 23-119/DCA): ORDINANCE NO. 431, AMENDING DIVISION 4, DIVISION 7, AND DIVISION 8 OF THE YUCAIPA
DEVELOPMENT CODE TO REGULATE DEVELOPMENT OF TWO UNIT
RESIDENTIAL DEVELOPMENT OR URBAN LOT SPLITS FOR SINGLE FAMILY - DESIGNATED LOTS IN ACCORDANCE WITH SENATE BILL 9
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Approve first reading, by title only, as read by staff, of Ordinance No. 431 that will regulate the development of Two Unit Residential Development or Urban Lot Splits for Single Family -designated Lots in accordance with Senate Bill 9; and
2. Find that Ordinance No. 431 is exempt from Environmental Review as state law includes a provision that explicitly states that an ordinance to implement Senate Bill 9 (California Government Code Section 65852.21) shall not be considered a project under the California Environmental Quality Act (CEQA) and, therefore, is not subject to environmental review. Further, future projects completed under S139 would be a ministerial action and exempt from CEQA, and under the "General Rule" (Section 15061(b)(3)), S139 preempts any City regulations that are not in place. • Public Hearing Opened
Mayor Beaver opened the Public Hearing Item No. 16 at 7:11 p.m. • Staff Presentation
Director of Development Services/City Engineer Preciado presented the Agenda Report. • Applicant Presentation
There was no applicant presentation.
• Public Comments
There were no comments.
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• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 7:15 p.m.
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'S
RECOMMENDATION.
17. SUBJECT: CITY OF YUCAIPA (CASE NO. 22-168/DCA); CONSIDERATION OF ORDINANCE NO.435, AMENDING ARTICLE 7 OF CHAPTER 1 OF DIVISION 3 OF
THE YUCAIPA DEVELOPMENT CODE REGARDS THE CITY' S DENSITY BONUS
PROCEDURES TO MEET CURRENT STATE LAW
RECOMMENDATION: That the City Council continue the Public Hearing for Case No. 22-168/DCA to the City Council meeting of November 13, 2023.
Mayor Beaver opened the Public Hearing at 7:18 p.m.
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF'S RECOMMENDATION.
18. SUBJECT: UPTOWN BUSINESS DISTRICT SPECIFIC PLAN (CASE NO. 22- 164/SPA): A SPECIFIC PLAN AMENDMENT TO THE UPTOWN BUSINESS
DISTRICT SPECIFIC PLAN TO STREAMLINE THE REVIEW PROCEDURES AND
MAKE NECESSARY UPDATES TO THE PLAN BASED ON THE CURRENT CONDITIONS. THE STREAMLINED PROVISIONS WOULD OMIT THE
DEVELOPMENT OPPORTUNITY RESERVE (DOR) PROCESS FOR ACHIEVING THE PERMISSIBLE 24 DU/AC DENSITY FOR RESIDENTIAL AND MIXED -USE
PROJECTS AND ALLOW THEIR PROJECT APPROVALS THROUGH THE CITY'S
LAND USE COMPLIANCE REVIEW PROCEDURES, CONSISTENT WITH THE
CITY' S ADOPTED HOUSING ELEMENT AND GENERAL PLAN POLICIES RECOMMENDATION: That the City Council continue the Public Hearing for Case No. 22-164/SPA to the City Council meeting of November 13, 2023.
Mayor Beaver opened the Public Hearing at 7:19 p.m.
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.
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ANNOUNCEMENTS
Mayor Beaver wished the community a happy and safe Halloween. Mayor Pro Tern Duncan expressed his appreciation for the Community Services Department and everyone else involved in the success of the Five Winds Music Festival. Staff addressed questions from Councilmembers Venable, Thorp. The next regularly scheduled meeting will be November 13, 2023 at 6:00 p.m.
ADJOURNMENT
The meeting adjourned at 7:23 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
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