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 October 28, 2024
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.
Attachments:
1. Regular Meeting Minutes — 09/23/2024
Approved by: ���
ATTACHMENT 1
City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of September 23, 2024
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 5:00 p.m.
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: None
PUBLIC COMMENT
There were no comments.
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)
The City Council entered closed session at 5:00 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 6:00 p.m.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Captain Walker.
City Council Minutes Page 1 of 12
CITY COUNCIL ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tern
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, 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 stated that the City Council gave settlement direction by consensus on Item A.
CHANGES TO THE AGENDA
City Manager Chris Mann pulled Item 11 and stated that it would be brought back at the October 28th meeting.
PUBLIC SAFETY UPDATE
• Police
• Fire
• Code Enforcement
Mayor Beaver tabled the Public Safety Update with no objections from the Council.
CITY COUNCIL CONFLICT OF INTEREST DISCLOSURE
Mayor Beaver asked if there were any conflicts to disclose. There were no items disclosed.
CONSENT AGENDA
Mayor Beaver asked if there were any Consent Agenda items to be removed for discussion. Mayor Pro Tem Venable pulled Items 7 & 9 for further discussion.
City Council Minutes Page 2 of 12
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.
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.
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, City Council Minutes Page 3 of 12
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.
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 City Council Minutes Page 4 of 12
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 City Council Minutes Page 5 of 12
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.
ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 19 WITH THE EXCEPTION OF ITEMS 7,9 (PULLED FOR DISCUSSION) AND ITEM 11 (CONTINUED TO A FUTURE MEETING).
ITEMS) REMOVED FOR DISCUSSION
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).
DISCUSSION: Director of Finance White presented the Agenda Report.
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE ITEM 9.
7. SUBJECT: ARCTIC WOLF RENEWAL
City Council Minutes Page 6 of 12
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 l renewal amount of $63,388.
DISCUSSION: IT Manager Kevin Johnston presented the Agenda Report.
After Council discussion the following motion was made:
ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER THORP, CARRIED 5-0, TO APPROVE ITEM 7.
PUBLIC HEARINGS
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. • Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 20 at 6:18 p.m. • Staff Presentation
Director of Finance White 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 12
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 6:20p.m.
ACTION: MOTION BY COUNCILMEMBER THORP, SECOND BY
COUNCILMEMBER DUNCAN, CARRIED 5-0, TO APPROVE STAFF'S
RECOMMENDATION.
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
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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 Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 21 at 6:21 p.m.
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• Staff Presentation
Deputy Director of Community Development/City Planner Matlock presented the Agenda Report.
• Applicant Presentation
Brief presentation from Pacific Oaks.
• Public Comments
The following members of the public spoke:
➢
Amy Ochs
➢
Edward Timmons
➢
Ronnie Gustason
➢
Victor Espinosa
➢
Ro Randolph
➢
Linda Witham
➢
Craig Heaps
➢
James Comazzi
➢
Hansen Wang
➢
Colleen Wang
➢
David Duron
➢
Jon Flick
➢
James Dodaro
➢
Gil Turnquist
➢
David Matuszak
➢
Sandra Thompson
➢
Ward Thompson
➢
Keith Hale
➢
Kathy Sellers
➢
Hector Rivera
➢
Marcus S
➢
Jeffrey Scott
➢
Walter Scott
Mayor Pro Tern Venable left the dais at 7:54 p.m. and returned at 7:57 p.m. ➢ Tim Slade
➢ Tyler Rameson
➢ Abraham Issa
➢ Joanne Lessard
➢ Gabriele Allen
➢ Robert Ramos
➢ Tim Mullins
➢ Robert Rentschler
Councilmember Garner left the dais at 8:16 p.m. and returned at 8:20 p.m.
City Council Minutes Page 10 of 12
➢ William Wesson
➢ Jim Butler
➢ Chris Palmer
➢ Kristine Mohler
➢ Michelle Poe
➢ David Palmer
• Applicant Rebuttal
Brief rebuttal from Pacific Industrial.
• Public Hearing Closed
Mayor Beaver closed the Public Hearing at 8:40 p.m.
After Council discussion, the following Motion was made:
ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER GARNER, CARRIED 3-2, (COUNCILMEMBER DUNCAN AND MAYOR PRO
TEM VENABLE VOTED NO) TO ADOPT THE AMENDED RESOLUTION
CERTIFYING THE EIR, INCLUDING THE MITIGATION MEASURES
FINDINGS AND FACTS AND STATEMENT OF OVERIDING
CONSIDERATIONS AND TABLE THE ORDINANCE, CONDITIONAL USE
PERMIT, AND THE ARCHITECTURAL DESIGN UNTIL THE CITY MANAGER
CAN BRING BACK AN AMENDMENT WHICH ADDRESSES THE CONCERNS OF THE PROPERTY OWNERS AND RESIDENTS.
Councilmember Duncan left the dais at 9:03 p.m.
PUBLIC COMMENT
Mayor Beaver asked the public to maintain decorum and civility during public comment.
The following members of the public spoke:
➢
Hansen Wang
➢
Colleen Wang
➢
Jo Sutt
➢
Ro Randolph
➢
Kathy Sellers
➢
Denise Work
➢
Richard Hernandez
➢
Brandon Mihld
➢
Jim D'Amico
COUNCILMEMBER REPORTS
Mayor Beaver acknowledged the first responders and all their efforts during the recent fires and spoke about the upcoming Five Winds Country Music Festival.
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Mayor Pro Tem Venable spoke about the upcoming Autmnfest event and the Five Winds Country Music Festival. He urged the community to apply for the Youth Advisory Committee.
ANNOUNCEMENTS
The next regularly scheduled meeting will be October 28, 2024 at 6:00 p.m.
ADJOURNMENT
The meeting adjourned at 9:35 p.m.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes Page 12 of 12