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
September 23, 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 publiccomment(d),yucaipa.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 hgps://yucaipa.gov/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: baps://yucaipa.gov/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 - ANTICIPATED LITIGATION - One Claim Claimant: Erica Wells
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure Pursuant to Paragraph (2) 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
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 opportunityfor 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.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF AUGUST 26, 2024 AND THE CANCELLED MEETING MINUTES OF SEPTEMBER 9, 2024.
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority minutes of August 26, 2024 and the Cancelled Meeting Minutes of September 9, 2024.
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: BIENNIAL REVIEW OF CITY'S CONFLICT OF INTEREST CODE RECOMMENDATION: That the City Council adopt Resolution No. 2024-57, amending the City's Conflict of Interest Code.
5. SUBJECT: MONTHLY REPORT ON YUCAIPA APP USAGE — AUGUST, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of August, 2024.
6. SUBJECT: ADOPTION OF RESOLUTION NO. 2024-58, AMENDING THE 2024
CITY COUNCIL MEETING SCHEDULE
RECOMMENDATION: That the City Council adopt Resolution No. 2024-58, amending the 2024 City Council meeting schedule.
7. SUBJECT: ARCTIC WOLF RENEWAL
RECOMMENDATION: That the City Council:
1. Approve and authorize the renewal of 155 Arctic Wolf user license subscriptions and 5 site sensor subscriptions, from Savant Solutions, Inc., in the amount of $63,388 for year 1, $71,093 for year 2, and $74,648 for year 3; and
2. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications and award the Arctic Wolf renewal based on the quote submitted by Savant Solutions, Inc.; and
3. Approve a budget adjustment in the amount of $3,388 to meet the year 1 renewal amount of $63,388.
8. SUBJECT: MONTHLY TREASURER REPORTS JULY 2024 & AUGUST 2024 RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for July 2024 and August 2024.
9. SUBJECT: FISCAL YEAR 2024 & FISCAL YEAR 2025 BUDGET ADJUSTMENT REPORT — SEPTEMBER 2024
RECOMMENDATION: That the City Council:
1. Approve the Budget Adjustments Requiring of Council Approval (Attachments 1, 3 and 5); and
2. Receive and file the Staff Approved Budget Adjustments (Attachments 2 & 4).
10. SUBJECT: AWARD OF CONTRACT - YUCAIPA COMMUNITY CENTER RESTROOM RENOVATION -PROJECT NO. 11224
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, Preferred General Services of Apple Valley, CA, in the amount of $103,934.93 for the Yucaipa Community Center Restroom Renovation - Project No. 11224 (Project); and
2. Approve the amount of $10,000 for construction contract contingency and the amount of $5,000 for construction contract administration, staff time, and inspection costs for a total construction budget in the amount of $118,934.93; and
3. Authorize an amendment to the FY25 Capital Improvement Program (CIP) Budget to increase the Renovate Community Center Restroom (Park Capital Replacement Fund) project budget by $45,000 and decrease the 7th Street (Park) Rehabilitation (General Capital Projects Fund) project budget by $45,000; and
4. Authorize the City Manager or his designee to administer the distribution of the contract contingency; and
5. Approve the plans and specifications prepared for the Project.
11. SUBJECT: LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 ZONE
QQ DORMANCY AGREEMENT
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 2024-54 approving the Dormancy Agreement for Landscape and Lighting Maintenance District No. 1, Zone QQ; and
2. Authorize the City Manager to execute the Dormancy Agreement and authorize the City Manager or his designee to administer the terms of the Dormancy Agreement.
12. SUBJECT: ACCEPTANCE OF CONTRACT WORK - 13TH STREET SPORTS COMPLEX FACILITY PARKING LOT LIGHTING PHASE I — PROJECT NO. 11189 RECOMMENDATION: That the City Council:
1. Accept the contract work completed by Quality Light and Electrical in the amount of $58,805 for the 13th Street Sports Complex Facility Parking Lot Lighting Phase I — Project No. 11189; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
13. SUBJECT: FINAL PARCEL MAP 20525
RECOMMENDATION: That the City Council:
1. Approve Final Parcel Map No. 20525; and
2. Accept and authorize the recordation of the map from JSAMJ, Inc.
14. SUBJECT: AWARD OF CONTRACT - INSTALLATION OF CITY FURNISHED HIGH BAY LED LIGHT FIXTURES AND LIGHTING EQUIPMENT AT THE 7TH ST.
COURTS (12385 7TH ST.) — PROJECT NO. 11213
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, LogicLamp Technologies of Fullerton, CA in the amount $46,031.35 for the Installation of City Furnished High Bay LED Light Fixtures and Lighting Equipment at the 7th St. Courts (12385 7th St.) — Project No. 11213 (Project); and
2. Approve the amount of $4,600 for construction contract contingency and the amount of $2,300 for construction contract administration, staff time, permitting and inspection costs for a total construction budget in the amount of $52,931.35; 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.
15. SUBJECT: JOINT USE AGREEMENT BETWEEN THE CITY OF YUCAIPA AND
SOUTHERN CALIFORNIA EDISON COMPANY, DUNLAP BOULEVARD
RECOMMENDATION: That the City Council:
1. Approve the Joint Use Agreement between the City of Yucaipa and Southern California Edison Company for the relocation and joint use of easements in connection with improvements to Dunlap Boulevard and Oak Glen Road; and
2. Authorize the City Manager to execute the agreement and any necessary documents to effectuate the terms of the Joint Use Agreement.
16. SUBJECT: ACOSTA INVESTMENTS, LLC (FALLBROOK): A DENSITY BONUS AGREEMENT FOR CASE NO. 22-121/GPA/LUCR/ARC WHICH WILL COVENANT TEN (10) PERCENT (17 UNITS) OF THE TOTAL 172 UNITS AS LOW-INCOME
AFFORDABLE PURSUANT TO YUCAIPA DENSITY BONUS STANDARDS TO
UTILIZE AN INCENTIVE AND MODIFIED PARKING STANDARDS FOR A PROJECT LOCATED ACROSS FOUR (4) PARCELS; APNS: 0319-253-28, -29, -30, - 84 RECOMMENDATION: That the City Council approve the attached Density Bonus Agreement (DBA) for Case No. 22-121, the Fallbrook Apartment Project (Project), which will set forth the reporting requirements and covenants that are necessary to ensure that the target affordable units remain consistent with the original density bonus request associated with the approved entitlement.
17. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — YUCAIPA EQUESTRIAN ARENA RODEO COMMITTEE 2025 RODEO
RECOMMENDATION: That the City Council:
1. Approve the Special Event Permit Application submitted by the Yucaipa Equestrian Arena Rodeo Committee to conduct the 2025 Yucaipa Rodeo on Friday, May 16, 2025, and Saturday, May 17, 2025; and
2. Approve the City's Co-sponsorship for the 2025 Yucaipa Rodeo to include use of City owned equipment and the City -owned vacant lot directly across the street; 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.
18. SUBJECT: SPECIAL EVENT PERMIT APPLICATION — ST. FRANCES XAVIER CABRINI TO CONDUCT A FALL FESTIVAL ON SATURDAY OCTOBER 12, 2024.
RECOMMENDATION: That the City Council approve a Special Event Permit Application submitted by St. Frances Xavier Cabrini to conduct a Fall Festival on Saturday October 12, 2024.
19. SUBJECT: RESOLUTION NO. 2024-56 — ESTABLISHING THE ADMINISTRATIVE RULES AND 2025 ANNUAL REGISTRATION FEE FOR THE IMPLEMENTATION
AND ENFORCEMENT OF THE YUCAIPA MOBILEHOME RENT STABILIZATION
ORDINANCE
RECOMMENDATION: That the City Council adopt Resolution No. 2024-56, establishing the Administrative Rules for the Implementation of the Yucaipa Mobilehome Rent Stabilization Ordinance and establishing the 2025 Annual Registration Fee for the Enforcement of the Ordinance.
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.
20. SUBJECT: WILDWOOD CANYON MOBILE HOME ESTATES AND VALLEY
VIEW MOBILEHOME PARK REVENUE BONDS
RECOMMENDATION: That the City Council conduct a Public Hearing and adopt Resolution No. 2024-55, approving the issuance of revenue bonds by the Independent
Cities Finance Authority with respect to the acquisition and renovation of Wildwood Canyon Mobile Home Estates and the renovation of Valley View Mobilehome Park.
21. 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. (Continued from August 26, 2024)
RECOMMENDATION: 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 first reading, by title only, as read by staff, 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 City Council'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.
Alternatives:
The City Council can make any additional recommendations to modify the FCSP Update that are deemed necessary to meet the Findings specified by Section 83.020310 of the Yucaipa Development Code, or that would better meet the Goals, Policies, and/or Objectives of the General Plan.
Draft Findings of Approval, as well as the Draft Resolution and Ordinance are provided for the City Council's reference and review. Modifications can also be made based on the deliberations of the item. No formal findings for denial were provided by the Planning Commission, and therefore are not available. However, Commissioners noted a desire for additional commercial activity and to ensure that the property owner's interests were protected. Council may also deny the Specific Plan Update as proposed but certify the SEIR by amending Resolution No. 2024-19. In this scenario, adopting Ordinance No. 448 may also be prudent as a clean-up item to the General Plan map.
PUBLIC COMMENT LIMIT 3 MINUTES
COUNCILMEMBER REPORTS
ANNOUNCEMENTS
ADJOURNMENT
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 }
1, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 09/19/2024, 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.yucail2
Ana V. Sauseda, MMC
City Clerk
D
DI -1c)
09/19/2024
Remove by: 09/24/2024