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
October 28, 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(&,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 https://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: https://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 Significant Exposure Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases (1)
B. 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. CIVSB2430625
OPEN SESSION — 6:00 PM
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
CHANGES TO THE AGENDA
SPECIAL PRESENTATION
Employee Recognition Mark Fulton
Employee Recognition Deputy Castaneda
Employee Recognitions Fire Department
Acceptance of Awards — WCSP
PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement
PUBLIC COMMENT
LIMIT 3 MINUTES
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.
1. SUBJECT: APPROVE THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY MINUTES OF SEPTEMBER 23, 2024
RECOMMENDATION: That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of September 23, 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: MONTHLY REPORT ON YUCAIPA APP USAGE — SEPTEMBER, 2024 RECOMMENDATION: That the City Council receive and file a report of the user activity on the Yucaipa App for the month of September, 2024.
5. SUBJECT: MONTHLY TREASURER'S REPORT SEPTEMBER 2024
RECOMMENDATION: That the City Council receive and file the Monthly Treasurer's Report for September 2024.
6. SUBJECT: AWARD OF CONTRACT — 7TH STREET PARK BASKETBALL COURT RESURFACING -PROJECT NO. 11223
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, Trueline Construction & Surfacing of Riverside, CA in the amount $59,685 for the 7th Street Park Basketball Court Resurfacing - Project No. 11223 (Project); and
2. Approve the amount of $6,000 for construction contract contingency and the amount of $3,000 for construction contract administration, staff time, permitting and inspection costs for a total construction budget in the amount of $68,685; 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.
7. SUBJECT: CONTRACT AMENDMENT NO. 1 TO THE CONTRACT WITH
ANIMAL PEST MANAGEMENT FOR THE GOPHER AND RODENT CONTROL PROGRAM AND CONTRACT AMENDMENT NO. 2 TO THE CONTRACT WITH
ANIMAL PEST MANAGEMENT FOR THE CITY'S PEST MANAGEMENT
PROGRAM
RECOMMENDATION: That the City Council:
1. Authorize the City Manager to execute Amendment No. 1 to the contract with Animal Pest Management, Inc. in the not -to -exceed amount of $3,260 for a revised annual contract total of $58,372 for the City's Gopher and Rodent Control Program; and
2. Authorize the City Manager to execute Amendment No. 2 to the contract with Animal Pest Management, Inc. in the not -to -exceed amount of $1,440 for a revised annual contract total of $8,493 for the City's Pest Management Program.
8. SUBJECT: ACCEPTANCE OF CONTRACT WORK - NEW CITY YARD FENCING PROJECT —PROJECT NO. 11208
RECOMMENDATION: That the City Council:
1. Accept the contract work completed by AB Fence in the amount of $241,921 for the New City Yard Fencing Project — Project No. 11208; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Accept the as -built plans for the Project.
9. SUBJECT: CAL FIRE WILDLAND PROTECTION AGREEMENT FOR FY 24/25 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.
10. SUBJECT: YOUTH ADVISORY COMMITTEE APPOINTMENTS
RECOMMENDATION: That the City Council:
1. Review the attached Applications for the At -Large Memberships to the Youth Advisory Committee (YAC); and
2. Vote on the appointments of the nominated applicants.
PUBLIC HEARING
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.
11. SUBJECT: STARLING HEIGHTS SPECIFIC PLAN (24-071/APP)
AN APPEAL OF THE PLANNING COMMISSION'S RECOMMENDATION OF DENIAL OF CASE NO. 22-129/GPA/SP/TTM 20372, FOR THE STARLING HEIGHTS
SPECIFIC PLAN WHICH PROVIDES THE DEVELOPMENT STANDARDS FOR A
14.78-ACRE SITE FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND INCLUDES TENTATIVE TRACT MAP (TTM) 20372 TO FORMALLY CREATE A 127-
UNIT RESIDENTIAL SUBDIVISION AND ASSOCIATED COMMUNITY FEATURES
INCLUDING A RECREATION CENTER, ACTIVE PARK, DOG PARK, ENTRY MONUMENTS, AND DETENTION BASINS BASED ON THE SPECIFIC PLAN. A
MINOR GENERAL PLAN AMENDMENT IS ALSO PROPOSED TO CHANGE THE
LAND USE DESIGNATION OF THE SITE SHOWN ON GENERAL PLAN FIGURE CDL-2, LAND USE MAP, FROM RS-20M (SINGLE -RESIDENTIAL, 20,000 SQUARE
FOOT MINIMUM) TO PD (PLANNED DEVELOPMENT), AND A MODIFICATION TO GENERAL PLAN FIGURE, CDL-3, LAND USE MODIFICATIONS, TO ADD THE STARLING HEIGHTS SPECIFIC PLAN.
RECOMMENDATION: That the City Council conduct a public hearing and consider the appeal request regarding the Planning Commission's recommendation of denial of the Starling Heights Specific Plan (SHSP) and the Mitigated Negative Declaration, as well as the associated Tract Map (TTM 20372).
Potential motions (referenced in italics) include:
Motion in support of the SHSP:
1. Adopt Resolution No. 2024-33, approving the Specific Plan for the proposed Starling Heights Specific Plan and the associated minor General Plan Amendment / Land Use District Change of a property from RS-20M Single Residential, 20,000 square foot minimum lot size) to the land use designation of PD (Planned Development); and
2. Approve first reading, by the title only, as read by staff, of Ordinance No. 449, amending Ordinance No. 343, amending the Official Land Use Plan and Zoning Ordinance as adopted by the City of Yucaipa; and
3. Approve the Tentative Tract Map No. 20372 (Case No. 22-129/TTM 20372), 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.
Motion against the SHSP.
1. Adopt a Resolution denying the approval of the Starling Heights Specific Plan; and
2. Adopt Findings for denial, with respect to Section 83.020310 of the Yucaipa Development Code; and
3. Deny Tentative Tract Map 20372 (Case No. 22-129), finding that it is inconsistent with the land use designations of the existing Land Use District; 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.
Alternative Actions:
The City Council can make additional modifications to the SHSP 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 be made based on the deliberations of the item.
DISCUSSION ITEMS
12. SUBJECT: 2024 AUTUMNFEST WRAP-UP
RECOMMENDATION: That the City Council receive and file the 2024 Autumnfest Wrap-up Report.
13. SUBJECT: YUCAIPA MUNICIPAL CODE UPDATE
RECOMMENDATION: That the City Council approve the introduction and first reading of Ordinance No. 452, an Ordinance of the City Council of the City of Yucaipa, California, amending various provisions of the Yucaipa Municipal Code and order the City Clerk to place the Ordinance on the consent calendar for the next regular meeting of the City Council for second reading and adoption.
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 }
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby declare that the foregoing agenda was posted on 10/24/2024, 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.yucaipa . Roy
Ana V. Sauseda, MMC
City Clerk