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 27, 2023
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of November 13, 2023
RECOMMENDATION:
That the City Council approve the City Council/Successor Agency/Housing Authority minutes of November 13, 2023, as presented.
Attachments:
1. Regular Meeting Minutes—11/13/2023
Approved By:--
ATTACHMENT 1
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of November 13, 2023
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:30 PM
CALL TO ORDER
Mayor Beaver called the Closed Session meeting to order at 5:30 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tern
Chris Venable, Councilmember
Jon Thorp, Councilmember
ABSENT: Matt Garner, Councilmember
PUBLIC COMMENT
There were no comments.
CLOSED SESSION — 5:30 PM
A. 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 5:30 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.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Captain Walker.
City Council Minutes Page 1 of 11
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Bobby Duncan, Mayor Pro Tem
Jon Thorp, Councilmember
Chris Venable, Councilmember
ABSENT: Matt Garner, Councilmember
STAFF
PRESENT: Chris Mann, City Manager
Jennifer Crawford, Assistant City Manager
Steven Graham, City Attorney
Ana Sauseda, Director of General Services/City Clerk
CLOSED SESSION REPORT
City Attorney Steven Graham indicated that there was no reportable action.
SPECIAL PRESENTATION
Krista Dunlop presented the Dog of the Month on behalf of YAPS.
Chancellor Diana Rodriguez of the San Bernardino Community College District gave an update on behalf of the district.
PUBLIC COMMENT
The following members of the public spoke:
• Kim Caloca-Madden
• JoEva Peabody
• Cesar Roldan
• Hansen Wang
• Bill Tilbury
• Donna Snodgrass
CONSENT AGENDA
Mayor Beaver recused himself from voting on Consent Item No. 2 and asked that Item No. 5 be removed for discussion as the first department report.
1. SUBJECT: APPROVE 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.
City Council Minutes Page 2 of 11
2. SUBJECT: SECOND READING OF ORDINANCE NO.429
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 429, an Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 4 (Land Use Modifications) of Division 5 (Overlay Districts) of Volume II (Development Code) of the Yucaipa Municipal Code Previously Added as Part of Ordinance No. 344 to Provide a Streamlined Review of the Mobilehome Park Conversion Standards Consistent with the City's Adopted 6th Housing Element
3. SUBJECT: SECOND READING OF ORDINANCE NO. 431
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 431, an Ordinance of the City Council of the City of Yucaipa, California, 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
4. 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.
6. SUBJECT: TREASURER'S REPORT
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for September 2023.
7. SUBJECT: AWARD OF CONTRACT - INSTALLATION OF ASPHALT SPEED HUMPS ON ADAMS STREET- PROJECT NO. 11199
RECOMMENDATION: That the City Council:
Award and authorize the City Manager to execute a contract, and the City Manager or his designee administer the terms of the contract to the lowest responsive bidder, NPG Corporation of Perris, CA for the Installation of Asphalt Speed Humps on Adams Street - Project No. 11199; and
2. Approve the amount of $5,000 for construction contract contingency and the amount of $4,000 for construction contract administration/inspection costs for a total construction budget in the amount of $35,198; and
3. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
4. Approve the Plans and Specifications prepared for this project.
City Council Minutes Page 3 of 11
8. SUBJECT: REJECT BIDS — 2022-2023 AC BERM/CURB PROGRAM — PROJECT NO. 11195-2
RECOMMENDATION: That City Council:
1. Reject all bids for the 2022-2023 AC Berm/Curb Program — Project No. 11195-2; and
2. Direct staff to evaluate alternatives for completing the Program within the available budget.
9. SUBJECT: REJECT ALL BIDS — PHASE II-B YUCAIPA BOULEVARD ADA IMPROVEMENTS 2ND STREET TO 5TH STREET, — PROJECT NO. 10959-2 RECOMMENDATION: That City Council:
1. Reject all bids for Phase II-B Yucaipa Boulevard ADA Improvements 2nd Street to 5th Street, — Project No. 10959-2; and
2. Direct staff to rebid the Project and conduct additional outreach for construction bids.
10. SUBJECT: ACCEPTANCE OF CONTRACT WORK — EL DORADO/FIVE WINDS RANCH PARK LAKE GRADING — PROJECT NO. 11180
RECOMMENDATION: That City Council:
1. Accept the contract work completed by Three Peaks Corp. in the amount of $287,175.64 for the El Dorado/Five Winds Ranch Park Lake Grading — Project No. 11180; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
11. SUBJECT: ACCEPTANCE OF CONTRACT WORK —LIVE OAK CANYON ROAD IMPROVEMENTS AT OUTER HIGHWAY SOUTH — PROJECT NO. 10981-2 RECOMMENDATION: That City Council:
1. Accept the contract work completed by Three Peaks Corp. in the amount of $572,254.90 for the Live Oak Canyon Road Improvements at Outer Highway South — Project No. 10981-2; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
City Council Minutes Page 4 of 11
12. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — ROTARY CLUB OF YUCAIPA 68TH ANNUAL CHRISTMAS PARADE
RECOMMENDATION: That the City Council:
1. Approve the Special Event Permit Application submitted by the Rotary Club of Yucaipa to conduct the 681h Annual Yucaipa Christmas Parade, on Saturday, December 9, 2023; and
2. Review and approve the street closures identified in the agenda report; and
3. Approve a City co-sponsorship of the 68th Annual Yucaipa Christmas Parade.
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE CONSENT AGENDA ITEMS NO. 1, 3, 4, AND 6 THROUGH 12.
MOTION CARRIED 4-0-1-1 (WITH COUNCILMEMBER GARNER ABSENT
AND MAYOR BEAVER RECUSED) TO APPROVE CONSENT AGENDA ITEM NO.2.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
Councilman Venable announced the upcoming Turkey Trot and Winterfest events.
DEPARTMENT REPORTS
S. 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.
DISCUSSION: Public Safety Manager Benson presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
13. SUBJECT: NEW STATE HOUSING LAW UPDATE
RECOMMENDATION: N/A
The following members of the public spoke:
• Hansen Wang
• Donna Snodgrass
City Council Minutes Page 5 of 11
DISCUSSION: City Attorney Graham presented the New State Housing Law Update.
14. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-46, APPROVING GENERAL
RULES AND PROCEDURES FOR THE CONDUCT OF COMMISSIONS AND
COMMITTEES IN THE CITY OF YUCAIPA AND RE-ESTABLISHING CITY
COUNCIL COMMITTEES, COMMITTEE FUNCTIONS, AND SETTING
COMMITTEE MEETING DATES AND TIMES
RECOMMENDATION: That the City Council adopt Resolution No. 2023-46, Approving General Rules and Procedures for the Conduct of the Boards, Commissions, and Committees in the City of Yucaipa and Re -Establishing City Council Committees, Committee Functions, and Setting Committee Meeting Dates and Times DISCUSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.
The following members of the public spoke:
• Hansen Wang
• Donna Snodgrass
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 3-1-1, (COUNCILMEMBER GARNER
WAS ABSENT AND MAYOR PRO TEM DUNCAN VOTING NO) TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING.
Mayor Beaver called for a recess at 8:28 p.m.
Mayor Beaver reconvened the meeting at 8:34 p.m.
PUBLIC HEARINGS
15. SUBJECT: COMPREHENSIVE USER FEE SCHEDULE UPDATE
RECOMMENDATION: That the City Council conduct a Public Hearing and subsequently approve Resolution No. 2023-54, rescinding Resolution No. 2023-44, and adopting an update to the Comprehensive User Fee Schedule establishing an EMS User Fee and including fees and charges for services rendered in relation to Community Development, Building and Safety, Fire Prevention and Planning, Business License Administration, Yard Sale Permits, False Alarms, Construction and Demolition Recycling, and various other general or administrative City services, and making related determinations pursuant to the California Environmental Quality Act.
City Council Minutes Page 6 of 11
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 15 at 8:34 p.m. 0 Staff Presentation
Finance Director White & Chief Malinowski presented the Agenda Report. • Applicant Presentation
There was no applicant presentation.
• Public Comments
The following members of the public spoke:
➢ Hansen Wang
• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 8:44 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1, (COUNCILMEMBER
GARNER WAS ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
16. SUBJECT: APPROVAL OF RESOLUTION NO.2023-52, ADOPTING THE COUNTY
OF SAN BERNARDINO'S SCHEDULE FOR PARKING AND LATE PAYMENT
PENALTIES RELATING TO PARKING VIOLATIONS
RECOMMENDATION: That the City Council approve Resolution No. 2023-52, Adopting the County of San Bernardino's Schedule for Parking and Late Payment Penalties Relating to Parking Violations.
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 16 at 8:47 p.m. • Staff Presentation
Public Safety Manager Benson presented the Agenda Report. • Applicant Presentation
There was no applicant presentation.
• Public Comments
There were no comments.
• Applicant Rebuttal
There was no applicant rebuttal.
City Council Minutes Page 7 of 11
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 8:49 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER VENABLE, CARRIED 4-0-1, (COUNCILMEMBER
GARNER WAS ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
17. SUBJECT: ANNEXATION OF TRACT MAP NO. 14429 INTO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 (ZONE "EE")
RECOMMENDATION: That the City Council:
Conduct a Public Hearing, and subsequently adopt Resolution No. 2023-53, approving the annexation of Tract Map No. 14429 into the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (LLMD); and
2. Adopt the methodology for and enact the assessments therein. • Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 17 at 8:52 p.m. • Staff Presentation
Director of Development Services/City Engineer Preciado presented the Agenda Report. • Applicant Presentation
Brief comments were provided by Kevin Brooks.
• Public Comments
The following members of the public spoke:
➢ Michael Wertman
• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 9:03 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER VENABLE, SECOND BY MAYOR BEAVER, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
City Council Minutes Page 8 of 11
18. 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. (CONTINUED FROM
OCTOBER 23, 2023)
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. 435, which amends the City's Density Bonus Procedures to reflect current state law requirements; and
2. Find that the Ordinance is exempt from Environmental Review pursuant to CEQA Guidelines Section 15061(b)(3).
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 18 at 9:04 p.m. • Staff Presentation
Deputy Director of Development Services Matlock presented the Agenda Report. • Applicant Presentation
There was no applicant presentation.
• Public Comments
The following members of the public spoke:
➢ Hansen Wang
• Applicant Rebuttal
There was no applicant rebuttal.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 9:10 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
City Council Minutes Page 9 of 11
19. 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. (CONTINUED FROM OCTOBER 23, 2023)
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Adopt Resolution No. 2023-51 approving the proposed Specific Plan Amendment for the Uptown Business District Specific Plan; and
2. Adopt the Findings as contained in the Agenda Report; and
3. Find that the Specific Plan Amendment is exempt from additional 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 # 10 identified in the Housing Element, and would not result in impacts not originally analyzed in the Addendum to the 2016 General Plan EIR; and
4. Direct Staff to file a Notice of Determination.
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 19 at 9:11 p.m. • Staff Presentation
Deputy Director of Development Services Matlock presented the Agenda Report. • Applicant Presentation
There was no applicant presentation.
• Public Comments
The following members of the public spoke:
➢ Hansen Wang
• Applicant Rebuttal
There was no applicant rebuttal.
City Council Minutes Page 10 of 11
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 9:22 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM DUNCAN, CARRIED 4-0-1, (COUNCILMEMBER GARNER WAS ABSENT) TO APPROVE STAFF'S RECOMMENDATION.
ANNOUNCEMENTS
The next regularly scheduled meeting will be November 27, 2023 at 6:00 p.m.
ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes Page 11 of 11