CITY OF
Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
AGENDA
City Council
Successor Agency • Housing Authority
August 26, 2024
City Hall - City Council Chambers
34272 Yucaipa Blvd., Yucaipa, California
Chris Mann, City Manager
Steven Graham, City Attorney
Ana V. Sauseda, City Clerk
The City Council serves as the Board for the Yucaipa Successor Agency and Commission for the Yucaipa Housing Authority.
Public Comment will be called at the time and place noted on the Agenda below for the general public to address the City Council, Successor Agency and Housing Authority. Please complete a speaker's form and return it to the City Clerk prior to the beginning of the meeting. Public Comment will be conducted in accordance with the Rules of Procedure adopted pursuant to Resolution No. 2023-07. There is a three -minute time limit for speaking and time may not be ceded to another speaker.
Public Comment Via Mail or Email
Items must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to publiccommentkyucaipa.gov. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting. The subject line should specify "Public Comment" and include the date of the meeting.
Written public comment submitted on non -agenda items and on specific agenda items will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City's website at https://yucaipa.gov/a/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
Live stream/recording of City Council meetings:
Members of the public may watch city council meetings live at: htt2s://Ucaipa.gov/live /live•
Possible Live Stream Disruptions:
While the City of Yucaipa strives for uninterrupted streaming, technical issues may occasionally occur. We ask for your understanding and patience should there be any disruptions during the live broadcast. We will work diligently to resolve any issues promptly, however, please be advised that the City Council meeting may continue in person while such issues are resolved. Every attempt will be made for the meeting to be recorded and made available for viewing after its conclusion.
CLOSED SESSION — 5:00 PM
A. CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code section 54956.8
Property: APNS: APN: 0301-191-21, 0301-211-10, 0301-211-12, 0301-201-26, 0301-201- 40, 0301-201-41 and 0301-201-42
Agency Negotiator: Chris Mann, City Manager
Negotiating Parties: Pacific Oaks Industrial LLC
Under negotiation: Price and Terms
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Significant Exposure to Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9
Number of Cases (1)
OPEN SESSION — 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CHANGES TO THE AGENDA
SPECIAL PRESENTATIONS
Tyler Technologies Software Implementation Recognition
PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement
CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
In compliance with the Political Reform Act, Levine Act, and under Common Law, this agenda item provides an opportunity for City Council members to disclose any potential conflicts of interest related to any other item on the agenda. The purpose of this disclosure is to ensure transparency and maintain public trust in the Council's decision -making process.
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion. The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
Members of the City Council also sit as the Board for the Successor Agency and Commission for the Housing Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.
I. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 12, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of August 12, 2024.
2. SUBJECT: SECOND READING OF ORDINANCE NO.451
RECOMMENDATION: That the City Council approve the second reading of Ordinance No. 451, an Ordinance of the City Council of the City of Yucaipa, California, Amending Chapter 12.06 of the Yucaipa Municipal Code Following the United States Supreme Court's Decision in Johnson V. City of Grants Pass
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: 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.
5. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — JULY, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of July, 2024.
6. SUBJECT: UPDATE ON DISPOSITION OF SURPLUS MATERIAL LOCATED AT
WILSON III BASIN
RECOMMENDATION: That the City Council receive an update regarding the disposition of surplus material located at Wilson III Basin.
7. SUBJECT: CONTRACT AMENDMENT NO.5 TO THE CONTRACT WITH ANIMAL PEST MANAGEMENT, INC. FOR THE GOPHER AND RODENT CONTROL
PROGRAM
RECOMMENDATION: That the City Council authorize the City Manager to execute Amendment No. 5 to the contract with Animal Pest Management, Inc. (APM) in the not - to -exceed amount of $451 for a revised FY24 contract total of $58,727 for City's Gopher and Rodent Control Program.
8. SUBJECT: AWARD OF CONTRACT WORK — FISCAL YEAR 2024/2025 CONCRETE PROGRAM— PROJECT NO. 11214
RECOMMENDATION: That the City Council:
1. Award and authorize the City Manager 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 $165,600 for the FY 2024/2025 Concrete Program, Project No. 11214 (Project); and
2. Approve the amount of $23,000 for construction contract contingency and the amount of $13,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $201,600; 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 the Project.
DISCUSSION ITEMS
9. SUBJECT: REVIEW AND CONSIDER FISCAL YEAR 2024-25 COMMUNITY
ACTIVITY GRANT APPLICATIONS
RECOMMENDATION: That the City Council review and consider the Fiscal Year 2024-25 Community Activity Grant (CAG) Applications submitted by Down Right Blessed Foundation and Inland Leaders Charter School and award in-kind/fee waiver support as recommended by the CAG Application Review Ad -Hoc Committee:
FY 2024-25
CAG Ad -Hoc
In -Kind
Committee
Applicant
Description of Event/Program
Support/Fee
Recommended
Waiver
Award
Requested
Waive Community Park rental fees to
host the 1st Annual Buddy Walk in
October to bring awareness & support to
Down Right Blessed
individuals/families with Down
Foundation
Syndrome.
$1,000
$747.50
Waive Community Center Gym rental
fees for ILCS to host home girls'
Inland Leaders Charter
volleyball games from August 29' to
School
October 15'.
$1,782
$747.50
Total
$2,782
$ 1,495
CAG In-Kind/Fee Waiver Fund Balance
$1,495
$1,495
Remaining Balance
$1,287
$ 0
PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation (if necessary) D. Public Comments
E. Applicant Rebuttal (if necessary)
F. Public Hearing Closed
G. Council Discussion
H. Council Motion and Vote
SPEAKERS ARE ENCOURAGED TO BE BRIEF AND REMAIN WITHIN THE ESTABLISHED TIMEFRAME OF THREE (3) MINUTES. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, NO FURTHER TESTIMONY WILL BE TAKEN.
10. SUBJECT: Freeway Corridor Specific Plan Update (Case No. 24-044/GPA/SPA) & Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM):
The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two (2) buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update.
RECOMMENDATION: That the City Council That the City Council conduct a public hearing regarding the Freeway Corridor Specific Plan (FCSP) and the Final Supplemental Environmental Impact Report (SEIR), as well as Case No. 21-196 for the Pacific Oaks Commerce Center. The Planning Commission has previously reviewed the FCSP and did not offer a recommendation for approval.
Depending on the City Council's review, several potential motions can be made and are as follows:
Motion in support of the FCSP Update:
If the City Council is in support of the FCSP, the following recommendation is provided:
1. Adopt Resolution No. 2024-19, approving the Freeway Corridor Specific Plan Update with the items listed in the errata; certifying that the Final Subsequent Environmental Impact Report (SEIR) has been completed in compliance with the California Environmental Quality Act (CEQA); accepting the mitigation measures identified in the Final SEIR; adopting Findings of Fact; and adopting a Statement of Overriding Considerations; and
2. Approve the introduction and first reading of Ordinance No. 448, an Ordinance of the City Council of the City of Yucaipa, California, amending Ordinance No. 343, amending of the official land use plan and zoning ordinance of the City of Yucaipa; and
3. Approve the Conditional Use Permit (Case No. 21-196), subject to the Conditions of Approval as contained in the Agenda Report, and if acceptable, approve the Architectural Design and preliminary landscaping, for the Pacific Oaks Commerce Center Project (POCC); and
4. Adopt the Findings as contained in the Agenda Report; and
5. Approve the Mitigation Monitoring and Reporting Program; and direct Staff to file a Notice of Determination.
Motion against the FCSP Update:
If the City Council is not in support of the FCSP, the following motion is provided:
1. Direct Staff to prepare a Resolution to deny the approval of the Freeway Corridor Specific Plan Update; and
2. Direct Staff to prepare Findings for denial, based on the Planning Commission's consideration of the Project with respect to Section 83.020310 of the Yucaipa Development Code; and
3. Deny Conditional Use Permit (Case No. 21-196), as it is inconsistent with the land use designations of the existing Freeway Corridor Specific Plan; and
4. Determine that the Project is exempt from CEQA pursuant to Section 15270 of the CEQA Guidelines, which states that CEQA does not apply to projects which a public agency rejects or disapproves.
PUBLIC COMMENT
COUNCILMEMBER REPORTS
ANNOUNCEMENTS
ADJOURNMENT
LIMIT 3 MINUTES
Notice Regarding Americans with Disability Act
The City of Yucaipa complies with the Americans with Disabilities Act of 1990. If you need special assistance to participate in this meeting, please call the City Clerk's Department at (909) 797-2489, during normal business hours, at least 48-hours prior to the meeting.
Notification 48 hours prior to the meeting will enable the city to make reasonable accommodations to ensure accessibility to this meeting.
CEQA STATEMENT:
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA guidelines sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resource Code Section 21065.
Pursuant to Government Code Section 54957.5, any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Yucaipa to all or a majority of the City Council, less than 72 hours prior to that meeting, are available for public inspection at Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, CA 92399, during normal business hours.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
(Levine Act — Government Code section 84308)
Pursuant to Government Code section 84308, members of the City Council and Planning Commission are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember or Planning Commissioner received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item since January 1, 2023. Any applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Councilmember or Planning Commissioner member since January 1, 2023, are required to disclose that fact for the official record of the subject agenda item and any such City Councilmember or Planning Commissioner shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient City Councilmember or Planning Commissioner and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, if you would like to challenge the decision of the City Council on an item appearing on this Agenda, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this Agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
AFFIDAVIT OF POSTING
State of California }
County of San Bernardino } ss.
City of Yucaipa }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 08/22/2024, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
Yucaipa City Hall, 34272 Yucaipa Boulevard, Yucaipa, California City of Yucaipa website www. t} icaipa.gov
Ana V. Sauseda, MMC
City Clerk
08/22/24 0
IN Id
Remove by: 08/27/2024