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 January 8, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of December 11, 2023
RECOMMENDATION:
That the City Council approve the City Council/Successor Agency/Housing Authority minutes of December 11, 2023, as presented.
Attachments:
1. Regular Meeting Minutes — 12/11/2023
Approved By:
ATTACHMENT 1
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of December 11, 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.
CLOSED SESSION — 5:00 PM
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 5:01 p.m.
City Council Minutes Page 1 of 10
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 6:00 p.m.
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
Ana Sauseda, Director of General Services/City Clerk
CLOSED SESSION REPORT
City Attorney Steven Graham indicated that there was no reportable action out of Closed Session.
The City Council did however add a significant exposure to litigation item by a vote of 5-0.
CHANGES TO THE AGENDA
City Manager Chris Mann indicated that there were no changes to the agenda.
SPECIAL PRESENTATION
YAPS Dog of the Month was presented by Krista Dunlop.
Mayor Beaver presented a Certificate of Recognition to Susan Walker. Public comment was received from Mr. Joel Vincent.
EMS Transportation Update was given by Chief Malinowski.
City Council Minutes Page 2 of 10
PUBLIC COMMENT
The following members of the public spoke:
• Kevin Miskin
• Martha Glubka
• Richard Frost
• Kathy Sellers
• Cesar Roldan
• Teri Boon
• Amy Simmons
• Hansen Wang
• Colleen Wang
• Caecilia Johns
CITY COUNCIL REORGANIZATION
Selection of Mayor
City Clerk Sauseda was the Presiding Officer for the City Council Reorganization portion of the meeting.
The following members of the public spoke:
• Hansen Wang
• Joel McCabe
• George Sardeson
• Colleen Wang
City Clerk Sauseda declared the nomination period open for the office of Mayor.
Councilmember Garner nominated Councilmember Duncan for the office of Mayor.
Councilmember Thorp nominated Councilmember Beaver for the office of Mayor.
Councilmember Venable nominated Councilmember Beaver for the office of Mayor.
City Clerk Sauseda closed nominations for the office of Mayor and called for affirmative votes.
Councilmember Duncan was nominated but not selected to the office of Mayor with Councilmembers Duncan and Garner voting aye and Councilmembers Beaver, Thorp, and Venable voting no.
Councilmember Beaver was nominated and selected to the office of Mayor with Councilmembers Beaver, Thorp, and Venable voting aye and Councilmembers Duncan and Garner voting no.
City Council Minutes Page 3 of 10
Selection of Mayor Pro Tem
City Clerk Sauseda declared the nomination period open for the office of Mayor pro Tem.
Councilmember Duncan nominated Councilmember Venable for the office of Mayor Pro Tem.
Councilmember Thorp nominated Councilmember Venable for the office of Mayor Pro Tem.
City Clerk Sauseda closed nominations for the office of Mayor and called for affirmative votes.
Councilmember Venable was nominated and selected to the office of Mayor Pro Tem by a unanimous vote.
Mayor Beaver called for a recess at 7:00 p.m.
RECESS
The meeting reconvened at 7:12 p.m.
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 THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF NOVEMBER 27, 2023
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of November 27, 2023, as presented.
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: 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.
4. SUBJECT: FISCAL YEAR 2023-24 BUDGET ADJUSTMENT REPORT — DECEMBER 2023
RECOMMENDATION: That the City Council receive and file the Fiscal Year 2023-24 Budget Adjustment Report for December 2023.
City Council Minutes Page 4 of 10
5. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-59, SETTING THE 2024 CITY
COUNCIL MEETING SCHEDULE
RECOMMENDATION: That the City Council adopt Resolution No. 2023-59, setting the 2024 City Council meeting schedule.
6. SUBJECT: RESOLUTION NO. 2023-60, ADOPTING, AFFIRMING, AND
INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730
AND AMENDING APPENDIX I AND II, TO ACCOUNT FOR THE ADDITION, DELETION AND MODIFICATION OF POSITIONS LISTED AS "DESIGNATED POSITIONS" TO THE CONFLICT -OF -INTEREST CODE OF THE CITY OF YUCAIPA RECOMMENDATION: That the City Council adopt Resolution No. 2023-60, approving an amended Conflict of Interest Code, Appendix I and II, to account for the addition, deletion and modification of positions listed as "designated positions."
7. SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT —
DEVELOPMENT CODE UPDATE
RECOMMENDATION: That the City Council:
1. Approve and authorize the City Manager to execute an Agreement with RRM Design Group, of San Juan Capistrano, CA in an amount not to exceed $150,000 for providing professional services in the preparation of the Citywide Design Guidelines; and
2. Authorize the City Manager or his designee to administer the terms of the Agreement.
8. SUBJECT: CONTRACT AMENDMENT NO. 5 (FOR WILSON III BASIN EMERGENCY REPAIR WORK) —CONSTRUCTION MANAGEMENT SERVICES,
INSPECTION, AND PROJECT ENGINEERING SERVICES FOR VARIOUS PUBLIC
WORKS PROJECTS
RECOMMENDATION: That the City Council approve and authorize the City Manager to execute Contract Amendment No. 5 to the contract with B&R Consulting Engineers, Inc. in the not -to -exceed amount of $200,000 for providing Construction Management Services, Inspection, and Project Engineering Services for Various Public Works Projects.
9. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — YUCAIPA EQUESTRIAN ARENA RODEO COMMITTEE 2024 RODEO
RECOMMENDATION: That City Council:
Approve the Special Event Permit Application submitted by the Yucaipa Equestrian Arena Rodeo Committee to conduct the 2024 Yucaipa Rodeo on Friday, April 5, 2024, and Saturday, April 6, 2024; and
2. Approve the City's Co-sponsorship for the 2024 Yucaipa Rodeo to include use of City owned equipment, City -owned vacant lot directly across the street, and City personnel City Council Minutes Page 5 of 10
including Public Works, Community Services, Police and Fire personnel with an estimated in -kind contribution of $20,000; and
3. Waive the Special Event Permit Application fee of $200; and
4. Review and approve the street closures identified in the agenda report; and
5. Waive the provisions of Yucaipa Municipal Code Section 12.06.030, regarding overnight camping, for the duration of the event.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY MAYOR
PRO TEM VENABLE, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 9.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
Councilmember Thorp and Mayor Beaver encouraged everyone to attend the upcoming Dueling Pianos Black Tie fundraiser hosted by the Yucaipa Community Foundation.
Councilmember Duncan thanked and Rotary Club and City staff for an outstanding Christmas parade.
10. SUBJECT: TRAILS & OPEN SPACE COMMITTEE APPOINTMENT
RECOMMENDATION:
1. That Councilmember Garner review the attached Citizens Service Applications and nominate one (1) applicant for membership to the Trails and Open Space Committee; and
2. That the City Council vote on the appointment of Councilmember Garner's nominated applicant.
DISCUSSION: Director of Development Services/City Engineer Preciado presented the Agenda Report.
ACTION: MOTION BY COUNCILMEMBER GARNER, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPOINT DOUGLAS LEACH TO THE TRAILS AND OPEN SPACE COMMITTEE.
DEPARTMENT REPORTS
11. SUBJECT: 2024 REGIONAL COMMITTEE ASSIGNMENTS
RECOMMENDATION: That the City Council review and appoint Councilmembers to the various regional committees and direct the City Clerk to notify respective agencies of any changes and post the FPPC Form 806 to the City's website.
DISCUSSION: Director of General Services/City Clerk Sauseda presented the Agenda Report.
City Council Minutes Page 6 of 10
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY MAYOR BEAVER, CARRIED 5-0, TO APPROVE THE FOLLOWING APPOINTMENTS:
• Crafton Hills Open Space Conservancy —
Member/Justin Beaver, Alternate/Chris Venable
• OMNITRANS —
Member/Bobby Duncan, Alternate/Matt Garner
• San Bernardino County Transportation Authority (SBCTA) — Member/Bobby Duncan, Alternate/Matt Garner
• Solid Waste Advisory Task Force —
Member/Justin Beaver, Alternate/Ana V. Sauseda
12. SUBJECT: FIVE WINDS COUNTRY MUSIC FESTIVAL WRAP-UP
RECOMMENDATION: That the City Council:
1. Approve the 2023 Five Winds Country Music Festival Wrap -Up Report; and
2. Direct staff to move forward with planning the 2024 Find Winds Country Music Festival.
DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.
After Council discussion, the following Motion was made:
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.
13. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-61, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA AUTHORIZING THE
CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH KOY BUILDERS, INC., IN THE AMOUNT OF $4,500,000 AT 7% INTEREST FOR A TERM OF 3-YEARS SECURED BY A DEED OF TRUST ON 80 ACRES OF VACANT LAND IN THE CITY OF YUCAIPA (APN 0321-101-01) LOCATED GENERALLY NORTH OF OAK GLEN
ROAD WEST OF FIVE WINDS RANCH AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AN OPTION TO PURCHASE AGREEMENT IN THE AMOUNT OF $5,475,000 FOR SAID PROPERTY
City Council Minutes Page 7 of 10
RECOMMENDATION: That the City Council adopt Resolution No. 2023-61, authorizing the City Manager to Execute a Loan Agreement with Koy Builders, Inc., in the amount of $4,500,000 at 7% interest for a term of 3-years secured by a deed of trust on 80 acres of vacant land in the City of Yucaipa (APN 0321-101-01) located generally north of Oak Glen Road west of Five Winds Ranch and authorizing the City Manager to execute an option to purchase agreement in the amount of $5,475,000 for said property.
DISCUSSION: City Manager Mann presented the Agenda Report.
The following members of the public spoke:
• Hansen Wang
• Denise Work
• Dr. Tim Krantz
• Teri Boon
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY MAYOR BEAVER, CARRIED 5-0, TO APPROVE STAFF'S RECOMMENDATION.
PUBLIC HEARING
14. SUBJECT: PREMIUM LAND DEVELOPMENT ON BEHALF OF THE MOSS FAMILY FOUNDATION (CASE NO 21-191/GPA/LUCR/DBA): A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DISTRICT FROM RM-10M
(MULTIPLE RESIDENTIAL) TO RM-24 (HIGH DENSITY MULTIPLE
RESIDENTIAL), AND A LAND USE COMPLIANCE REVIEW TO DEVELOP A THREE (3) STORY, 144 UNIT HOUSING PROJECT WITH ARCHITECTURAL
REVIEW AND A DENSITY BONUS REQUEST TO INCREASE THE BASE DENSITY BY 20 PERCENT THAT PROVIDES TWELVE (12) UNITS, OR TEN (10) PERCENT
OF THE BASE DENSITY ALLOWED, AT THE LOW INCOME AFFORDABLE LEVEL. THE PROJECT IS LOCATED ACROSS FOUR PARCELS TOTALING 5.12 ACRES AT 12249 14TH STREET. A LOT MERGER WILL ALSO BE PROCESSED TO CONSOLIDATE ALL FOUR PARCELS INTO A SINGLE LOT. APNS 0301-051-29, - 30, -48 & 49
RECOMMENDATION: That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
Adopt Resolution No. 2023-57, approving the minor General Plan Amendment/Land Use District Change of a property from RM-IOM (Multiple Residential, 10,000 square foot minimum lot size) to the land use designation of RM-24 (High Density Multiple Residential); and
2. Approve first reading, by the title only, as read by staff, of Ordinance No. 437, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
City Council Minutes Page 8 of 10
3. Approve the Density Bonus Agreement Request and Land Use Compliance Review (Case No. 21-191), subject to the Conditions of Approval as contained in this Agenda Report; and
4. Adopt the Findings as contained in this Agenda Report; and
5. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, finding the mitigation measures and standard measures and procedures will reduce the potential level of environmental impact to less than significant; and
6. Direct staff to file a Notice of Determination; and
7. Review, and if it is considered acceptable, approve the architectural design and conceptual landscaping for the proposed Project.
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 14 at 8:04 p.m. • Staff Presentation
Deputy Director of Community Development / City Planner Ben Matlock presented the agenda report.
• Applicant Presentation
Travis Heaps of Premium Land Development.
• Public Comments
The following members of the public spoke:
➢ Hansen Wang
➢ Lloyd Rekstad
• Applicant Rebuttal
Craig Heaps of Premium Land Development spoke.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 8:38 p.m.
Mayor Beaver asked each Councilmember to disclose any ex parte communications on the project.
Councilmember Duncan announced that he knows the Moss family personally but has no financial interest in this project.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-1 (MAYOR BEAVER VOTED NO), TO APPROVE STAFF'S RECOMMENDATION.
City Council Minutes Page 9 of 10
ANNOUNCEMENTS
Councilmember Thorp encouraged the Council to participate in the upcoming Dueling Pianos Black Tie fundraiser hosted by the Yucaipa Community Foundation. The next regularly scheduled meeting will be January 8, 2024 at 6:00 p.m.
ADJOURNMENT
The meeting adjourned at 8:44 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, CMC
Director of General Services/City Clerk
City Council Minutes Page 10 of 10