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Minutes

Yucaipa City Council
November 13, 2024

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Minutes
Meeting
November 13, 2024
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Yucaipa City Council
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11
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Text extracted from the city's file for reading and search. Open the original on coydocs.yucaipa.gov. That file is the official record.

Agenda Item No. 1

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 November 13, 2024
SUBJECT: Approve the City Council/Successor Agency/Housing Authority Minutes of October 28, 2024
RECOMMENDATION:

That the City Council approve the City Council/Successor Agency/Housing Authority Minutes of October 28, 2024.

Attachments:

1. Regular Meeting Minutes — 10/28/2024
Approved by:

ATTACHMENT 1

City of Yucaipa
City Council/Successor Agency/Housing Authority Minutes Regular Meeting of October 28, 2024
City Hall Council Chambers
34272 Yucaipa Blvd., Yucaipa, CA 92399
CLOSED SESSION — 5:00 PM

CALL TO ORDER
Mayor Pro Tem Venable called the Closed Session meeting to order at 5:02 p.m.

CITY COUNCIL ROLL CALL
PRESENT: Chris Venable, Mayor Pro Tem
Bobby Duncan, Councilmember
Matt Garner, Councilmember
Jon Thorp, Councilmember
ABSENT: Justin Beaver, Mayor

PUBLIC COMMENT
There were no comments.

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
The City Council entered closed session at 5:02 p.m.

City Council Minutes Page 1 of 9

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 ROLL CALL
PRESENT: Justin Beaver, Mayor
Chris Venable, Mayor Pro Tem
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. The City Council gave settlement direction by a vote of 4-1 (Councilmember Duncan voted no) on Item B.

CHANGES TO THE AGENDA
City Manager Chris Mann stated there were no changes to the agenda.

SPECIAL PRESENTATIONS
Employee Recognition of Mark Fulton was presented by Deputy Director of Finance, Ryan Blackerby.

Employee Recognition Deputy Castaneda was presented by Captain Walker.

Employee Recognitions Fire Department was presented by Captain Walker and Chief Malinowski.

Acceptance of Awards for the Wine Country Specific Plan was presented by Deputy Director of Community Development / City Planner, Ben Matlock.

City Council Minutes Page 2 of 9

PUBLIC SAFETY UPDATE
• Police - Captain Walker presented the statistics for August & September, 2024. • Fire - Chief Malinowski presented the statistics for August & September, 2024. • Code Enforcement - Fermin Preciado, Director of Development Services/City Engineer, presented the statistics for August & September, 2024.

PUBLIC COMMENT
The following members of the public spoke:
• Richard Frost
• Richard Hernandez
• Hansen Wang
• Kathy Sellers

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.

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.

City Council Minutes Page 3 of 9

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
City Council Minutes Page 4 of 9

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.

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO APPROVE CONSENT AGENDA ITEMS NO. 1 THROUGH 9.

DISCUSSION ITEM

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.

DISCUSSION: Superintendent Martinez presented the Agenda Report.

After Council discussion the following motion was made:

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY MAYOR BEAVER, CARRIED 5-0, TO APPROVE ITEM NO. 10.

PUBLIC HEARINGS

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 City Council Minutes Page 5 of 9

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
City Council Minutes Page 6 of 9

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.
• Public Hearing Opened
Mayor Beaver opened the Public Hearing for Item No. 11 at 7:03 p.m. • Staff Presentation
Associate Planner Farmer presented the Agenda Report.
• Applicant Presentation
Presentation by Mr. Craig Heaps.
• Public Comments
The following members of the public spoke:
➢ Phil & Cathryn
➢ Hansen Wang
➢ Teresa Drummond
➢ Edward Timmons
➢ Jack Swanson
➢ Jillian Simpson
➢ Martha Perez
➢ Lee Kaberlein
• Applicant Rebuttal
There was a brief rebuttal presented by Mr. Craig Heaps.

Public Hearing Closed
Mayor Beaver closed the Public Hearing at 7:53 p.m.

City Council Minutes Page 7 of 9

After Council discussion the following motion was made:

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY
COUNCILMEMBER THORP, CARRIED 4-1, (MAYOR BEAVER VOTED NO) TO APPROVE STAFF'S RECOMMENDATION.

DISCUSSION ITEMS

12. SUBJECT: 2024 AUTUMNFEST WRAP-UP
RECOMMENDATION: That the City Council receive and file the 2024 Autumnfest Wrap-up Report.

DISCUSSION: Director of Community Services Wolfe presented the Agenda Report.

After Council discussion the following motion was made:

ACTION: MOTION BY COUNCILMEMBER DUNCAN, SECOND BY MAYOR PRO TEM VENABLE, CARRIED 5-0, TO 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.

DISCUSSION: City Attorney Graham presented the Agenda Report.

Mayor Pro Tem Venable left the dais at 8:54 p.m. and returned at 8:56 p.m.

Councilmember Garner left the dais at 8:58 p.m. and returned at 9:00 p.m.

After Council discussion the following motions were made:

ACTION: MOTION BY MAYOR PRO TEM VENABLE, SECOND BY
COUNCILMEMBER THORP, FAILED 2-3, (COUNCILMEMBERS DUNCAN, GARNER, AND MAYOR BEAVER VOTED NO) TO TABLE ITEM 13.

ACTION: MOTION BY MAYOR BEAVER, SECOND BY COUNCILMEMBER DUNCAN, CARRIED 3-2, (COUNCILMEMBER THORP AND MAYOR PRO TEM

VENABLE VOTED NO) TO APPROVE THE INTRODUCTION AND FIRST READING OF ORDINANCE NO. 452, AS AMENDED.

City Council Minutes Page 8 of 9

COUNCILMEMBER REPORTS
Mayor Beaver attended the City Hall Tour hosted at City Hall. He encouraged residents to vote and attend the City's Drive-thru Mail Ballott Drop-off event on November 4th & 5th.

Councilmember Thorp clarified that the Mayor and Mayor Pro Tem are selected on an annual basis by the City Council and are not voted on by the residents of Yucaipa.

ANNOUNCEMENTS
The next regularly scheduled meeting will be November 13, 2024 at 6:00 p.m.

ADJOURNMENT
The meeting adjourned at 9:26 p.m.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
City Council Minutes Page 9 of 9

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