Yucaipa — 2023-06-26

CLOSED SESSION – 5:30 PM\nA. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION - Significant\nexposure to litigation Government Code Section 54956.9: Claim GHC0055013 – Claims\nof Jeremy Smith, Melissa Smith, Madison Sherman, Victoria Sherman, Alexandra\nSherman, Travis Sherman, and Kyle Sherman

P. 99 10. SUBJECT: FIRST EXTENSION AND AMENDMENT TO THE CONTRACT WITH\nALLISON MECHANICAL, INC. FOR HVAC OPERATIONS AND MAINTENANCE\nSERVICES AT VARIOUS CITY-OWNED PUBLIC FACILITIES IN THE CITY OF\nYUCAIPA\nRECOMMENDATION: That the City Council award and authorize the Mayor to execute\nand authorize the City Manager or his designee to administer the terms of the First\nExtension and Amendment to the Contract for FY24 with Allison Mechanical, Inc. in the\nnot-to-exceed amount of $70,531 for HVAC Operations and Maintenance Services at\nVarious City-Owned Public Facilities in the City of Yucaipa.

P. 104 11. SUBJECT: TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 GRANT\nFUNDING REIMBURSEMENTS\nRECOMMENDATION: That the City Council adopt Resolution No. 2023-21 authorizing\nstaff to file reimbursement claim forms for Transportation Development Act Article 3 grant\nfunds in the amount of $50,502 for the Bus Stop Landing & Sidewalk Improvements –\nRoute 310 Project.

P. 109 12. SUBJECT: AWARD OF CONTRACT - JANITORIAL SERVICES FOR CITY\nFACILITIES - PROJECT NO. 11172-3\nRECOMMENDATION: That the City Council award and authorize the Mayor to execute\nand authorize the City Manager or his designee to administer the terms of a contract for\nFY24 in the amount of $154,009 with Merchants Building Maintenance, LLC of Pomona,\nCalifornia for the Janitorial Services for City Facilities - Project No. 11172-3.

P. 115 13. SUBJECT: SPECIAL TAX FOR YUCAIPA PARAMEDIC PROGRAM\nRECOMMENDATION: That the City Council adopt Resolution No. 2023-33, fixing the\nSpecial Tax for Fiscal Year 2023-2024 for the Yucaipa Paramedic Program at the following\nrates:\nResidential Dwelling Unit $52\nSmall Commercial Unit $78\nLarge Commercial Unit (> 10,000 sq. ft.) $156\nResidential Care Facility $78 plus $3 per bed over 26

P. 121 14. SUBJECT: PROPERTY AND BUSINESS IMPROVEMENT DISTRICT #2\nRECOMMENDATION: That the City Council receive and file the following financial\nreports as prepared by the Property Owner’s Association Board of Directors of the Yucaipa\nVillage Square Management Property and Business Improvement District #2:\n1. Fiscal Year 2023 Financial Statement\n2. Fiscal Year 2024 Annual Budget\n3. Fiscal Year 2024 Annual Fiscal Report (Assessments) and Assessment Listing\n06262023

P. 134 15. SUBJECT: FISCAL YEAR 2022/2023 ACCOUNTABILITY REPORTS\nRECOMMENDATION: That the City Council receive the Community Activity Grant\nAccountability Reports and deem the program requirements complete for Redlands Bicycle\nClassic – 2023 Yucaipa Road Race, Yucaipa Elks Lodge #2389 – 2022 Hoop Shoot and\nSoccer Shoot, and Yucaipa Valley Lions Club – Monthly Club Meetings.

P. 147 16. SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH\nJONES MAYER LAW FOR HEARING OFFICER SERVICES\nRECOMMENDATION: That City Council authorize the City Manager to execute a two-\nyear Professional Services Agreement with Jones Mayer Law to provide Hearing Officer\nServices under the City’s Mobilehome Rent Stabilization Ordinance and Administrative\nRules.\nMAYOR AND COUNCILMEMBER BUSINESS (REPORTS)

P. 171 17. SUBJECT: REVIEW AND CONSIDER FISCAL YEAR 2023/2024 COMMUNITY\nACTIVITY GRANT APPLICATIONS\nRECOMMENDATION: That the City Council:\n1. Review and consider the Fiscal Year 2023/2024 Community Activity Grant\napplications submitted by local non-profits requesting financial and/or in-kind support\nto continue on-going services, proposing new services and/or proposing small to large\nscale special events that meet the established guidelines; and\n2. Determine that the Childhood Cancer Foundation of Southern California should be\nexempt from the Grant Guideline that requires the organization to be located in Yucaipa\nif their Community Activity Grant is awarded.\nDEPARTMENT REPORTS

P. 406 18. SUBJECT: 2023 YUCAIPA MUSIC AND ARTS FESTIVAL WRAP-UP\nRECOMMENDATION: That City Council receive and file the 2023 Yucaipa Music and\nArts Festival Wrap-up Report.

P. 411 19. SUBJECT: FIRE DEPARTMENT 2022 ANNUAL REPORT\nRECOMMENDATION: That the City Council receive and file the Fire Department’s\nAnnual Report for 2022.

P. 22 2. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO\nTHE 2022 SEPTEMBER STORM EVENT\nRECOMMENDATION: That the City Council extend the declaration of a local\nemergency as a result of the 2022 September Storm Event to the next Regular City Council\nMeeting on July 24, 2023.

P. 454 20. SUBJECT: SUNSHINE ORDINANCE IMPLEMENTATION UPDATE\nRECOMMENDATION: That City Council receive and file this update regarding the\nimplementation of the Sunshine Ordinance and associated efforts to enhance transparency.\n06262023

P. 462 21. SUBJECT: ADOPTION OF RESOLUTION NO. 2023-35, A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, FORWARDING\nAMOUNTS REMAINING UNPAID ON THE CERTIFIED SOLID WASTE LIEN LIST\nTO THE COUNTY OF SAN BERNARDINO FOR ADDITION TO THE 2023-2024\nPROPERTY TAX ROLLS AS A SPECIAL ASSESSMENT\nRECOMMENDATION: That the City Council conduct a Public Hearing and\nsubsequently adopt Resolution No. 2023-35 forwarding amounts remaining unpaid on the\nCertified Solid Waste Lien List to the County of San Bernardino for addition to the 2023-\n2024 Property Tax Rolls as a Special Assessment.

P. 472 22. SUBJECT: ORDERING CONFIRMATION OF ANNUAL ASSESSMENTS FOR THE\nCITY OF YUCAIPA LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT\nNO. 1\nRECOMMENDATION: That the City Council:\n1. Conduct a Public Hearing and subsequently adopt Resolution 2023-32, Ordering\nConfirmation of Assessment for City of Yucaipa Landscaping and Lighting\nMaintenance District No. 1; and\n2. Approve the application of 4.6% rate adjustments to LLMD Zones A and F through R\nand 5% rate adjustments to LLMD Zones B and S through DDD; and\n3. Approve the credit of funds as an offset against the 2023-2024 assessments for Zones\nA95, B95, F97, J98, K98, M98, P99, T01, V01, W01, X01, Y, BB, HH, II, NN, OO,\nPP, RR, WW, YY, BBB, CCC, and DDD in the total amount of $177,766.67.\n06262023

P. 506 23. SUBJECT: CITY OF YUCAIPA (CASE NO. 23-078/DCA); CONSIDERATION OF\nORDINANCE NO. 426, AMENDING DIVISION 4 OF THE YUCAIPA\nDEVELOPMENT CODE TO UPDATE REGULATIONS PERTAINING TO\nACCESSORY DWELLING UNITS TO ENSURE COMPLIANCE WITH STATE LAW\n(INCLUDING AB 2221, AB 345, AND SB 897) AND THE CITY’S UPDATED\nHOUSING ELEMENT. AMONG OTHER THINGS, THE PROPOSED ORDINANCE\nWILL UPDATE THE PERMITTING REQUIREMENTS, DEVELOPMENT\nSTANDARDS, AND HEIGHT RESTRICTIONS FOR ACCESSORY DWELLING\nUNITS WITH FURTHER CLARIFICATION OF PREVIOUS REQUIREMENTS\nRECOMMENDATION: That the City Council conduct a public hearing, and consider\nthe Planning Commission’s recommendation to:\n1. Approve first reading, by title only, as read by staff, of Ordinance No. 426 amending\nDivision 4 of the Yucaipa Development Code to update regulations pertaining to\naccessory dwelling units to ensure compliance with state law (including AB 2221, AB\n345, and SB 897) and the City’s Housing Element; and\n2. Find that the Ordinance is exempt from Environmental Review pursuant to Public\nResources Code Section 21080.17 and CEQA Guidelines Section 15303(e).

P. 532 24. SUBJECT: CITY OF YUCAIPA (CASE NO. 21-113/DCA): CONSIDERATION OF A\nDEVELOPMENT CODE AMENDMENT (ORDINANCE NO. 401), AMENDING\nDIVISION 7, CHAPTER 7 OF THE DEVELOPMENT CODE TO REPLACE\nREGULATIONS REQUIRING THE BIENNIAL RENEWAL OF COMMERCIAL\nSIGNAGE WITH A ONE-TIME SIGN REGISTRATION WITH ADDITIONAL\nPROVISIONS TO REMOVE THE REQUIREMENT FOR A SEPARATE\nENTITLEMENT TO BE PROCESSED FOR FREESTANDING SIGNS WHICH ARE\nREVIEWED CONCURRENTLY WITH AN APPLICATION THAT INCLUDES\nARCHITECTURAL REVIEW\nRECOMMENDATION: That the City Council conduct a public hearing, and consider\nthe Planning Commission’s recommendation to:\n1. Approve first reading, by title only, as read by staff, of Ordinance No. 401, amending\nDevelopment Code Section 87.0705 of Chapter 7 of Division 7 of the Development\nCode to replace regulations requiring the biennial renewal of commercial signs with a\none-time sign registration without the need for a Sign Registration Decal and further\nremove the requirement for a separate entitlement for a freestanding sign that is\nreviewed concurrently with another project subject to architectural review; and\n2. Find that the Ordinance is exempt from Environmental Review pursuant to Public\nResources Code Section 15061(b)(3), Section 15303 (Consists of Small Structures) and\nSection 15311(a) (Accessory Structures).\n06262023

P. 552 25. SUBJECT: CITY OF YUCAIPA (CASE NO. 23-022/GPA): A MINOR GENERAL\nPLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION OF AN\nAPPROXIMATELY 1.5-ACRE PORTION OF A PROPERTY FROM THE CITY’S\nINSTITUTIONAL (IN) LAND USE DISTRICT TO THE CITY’S GENERAL\nCOMMERCIAL (CG) LAND USE DISTRICT. THE SITE IS CURRENTLY\nIMPROVED WITH THE CITY’S BUSINESS INCUBATOR OFFICE BUILDING,\nLOCATED AT 34282 YUCAIPA BOULEVARD; PORTIONS OF ASSESSOR PARCEL\nNUMBER (APN): 0303-131-05 & 0303-131-63\nRECOMMENDATION: That the City Council conduct a Public Hearing, and consider\nthe Planning Commission’s recommendation to:\n1. Adopt Resolution No. 2023-19, approving the minor General Plan Amendment / Land\nUse District Change to change the Land Use Designation of approximately 1.5 acres\n(the existing Incubator Center) to have a designation as General Commercial (CG); and\n2. Approve first reading, by the title only, as read by staff, of Ordinance No. 428,\namending Ordinance No. 343, amending the Official Land Use Plan and Zoning\nOrdinance as adopted by the City of Yucaipa; and\n3. Adopt the Findings as contained in this Agenda Report; and\n4. Find that the Project is exempt from the environmental review requirements of the\nCalifornia Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of\nTitle 14 of the California Code of Regulations (the “CEQA Guidelines”); and\n5. Direct staff to file a Notice of Exemption.

P. 576 26. SUBJECT: HAL HAYS CONSTRUCTION (CASE NO. 21-013/GPA/CUP/VAR): A\nMINOR GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE\nDESIGNATION OF A “LANDLOCKED” PARCEL FROM THE CITY’S RM-10M\n(MULTIPLE RESIDENTIAL) LAND USE DISTRICT TO CS (SERVICE\nCOMMERCIAL), TWO (2) VARIANCE REQUESTS FOR THE REDUCTION OF THE\nREAR YARD SETBACK AND REDUCTION IN MINIMAL REQUIRED\nLANDSCAPING AND A CONDITIONAL USE PERMIT TO PERMIT A PHASED\nEXPANSION OF A 5.19-ACRE CONSTRUCTION STORAGE AND MECHANIZED\nEQUIPMENT REPAIR YARD, WHICH WILL INCLUDE ADDITIONAL COVERED\nSTORAGE AREAS, AN EQUIPMENT AND TRUCK REPAIR BUILDING, AND A\nFUTURE OFFICE/ANTIQUE TRUCK MUSEUM LOCATED AT 32384 DUNLAP\nBLVD (APN: 0301-164-63), 32370 DUNLAP BLVD (APN: 0301-164-65), 32360\nDUNLAP BLVD (APN: 0301-164-72), 32342 DUNLAP BLVD (APN: 0301-164-57)\nAND 32354 DUNLAP BLVD (APN: 0301-164-36)\nRECOMMENDATION: That the City Council conduct a Public Hearing, and consider\nthe Planning Commission’s recommendation to:\n1. Approve the General Plan Amendment, Conditional Use Permit (Case No. 21-\n013/GPA), and two Variance requests subject to the Conditions of Approval as\ncontained in this Agenda Report; and\n06262023\n2. Adopt Resolution No. 2023-18, approving a Minor General Plan Amendment of a\nlandlocked parcel from RM-10M (Multiple Residential) Land Use District to CS\n(Service Commercial) designation; and\n3. Approve first reading, by the title only, as read by staff, of Ordinance No. 427,\namending Ordinance No. 343, amending the Official Land Use Plan and Zoning\nOrdinance as adopted by the City of Yucaipa; and\n4. Adopt the General Plan Amendment Findings as contained in this Agenda Report; and\n5. Adopt the Conditional Use Permit Findings as contained in this Agenda Report; and\n6. Adopt the Variance Findings as contained in this Agenda Report; and\n7. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting\nProgram, finding the mitigation measures and standard measures and procedures will\nreduce the potential level of environmental impact to less than significant; and\n8. Direct staff to file a Notice of Determination.\nANNOUNCEMENTS

P. 24 3. SUBJECT: MONTHLY TREASURER’S REPORT: MAY 2023\nRECOMMENDATION: That the City Council receive and file the Monthly Treasurer’s\nReport for May 2023.

P. 38 4. SUBJECT: FUNDING AGREEMENT WITH THE STATE OF CALIFORNIA\nDEPARTMENT OF WATER RESOURCES FOR THE UPPER WILDWOOD BASIN\nWATER MANAGEMENT PROJECT - RESOLUTION NO. 2023-34\nRECOMMENDATION: That the City Council:\n1. Adopt Resolution No. 2023-34 authorizing the Mayor to execute a Funding Agreement\nwith the State of California Department of Water Resources for the Upper Wildwood\nBasin Water Management Project from the 2022 State of California Budget Act; and\n2. Authorize the City Manager or his designee to administer the terms of the Funding\nAgreement; and\n3. Approve Amendment No. 1 to the agreement with Dudek & Associates, Inc. (Dudek)\nto provide on-call Professional Services to support the regulatory agency\nenvironmental permit approval process in the not-to-exceed amount of $66,020; and\n4. Authorize the City Manager or his designee to execute and administer the terms of the\nFunding Agreement.

P. 71 5. SUBJECT: AWARD OF CONTRACT - COMMUNITY CENTER FLOORING\nIMPROVEMENTS - PROJECT NO. 11192\nRECOMMENDATION: That the City Council:\n1. Award and authorize the Mayor to execute a contract, and the City Manager or his\ndesignee to administer the terms of the contract in the amount of $39,906 with New\nImage Interior Flooring of Yucaipa, CA for the Community Center Flooring\nImprovements – Project No. 11192 (Project); and\n2. Approve the amount of $3,000 for contract contingency and the amount of $2,000 for\ncontract administration, inspection, and staff time for a total estimated project cost in\nthe amount of $44,906; and\n3. Approve the specifications prepared for this project.\n06262023

P. 77 6. SUBJECT: CONTRACT AMENDMENT – ON-CALL CONSTRUCTION\nMANAGEMENT SERVICES, INSPECTION, AND PROJECT ENGINEERING\nSERVICES FOR VARIOUS PUBLIC WORKS PROJECTS\nRECOMMENDATION: That the City Council award and authorize the Mayor to execute\na contract amendment and the City Manager or his designee to administer the terms of the\ncontract with B&R Consulting Engineers, Inc. in the not-to-exceed amount of $180,000\nfor providing on-call Construction Management Services, Inspection, and Project\nEngineering Services for Various Public Works Projects.

P. 81 7. SUBJECT: FOURTH EXTENSION AND AMENDMENT TO THE CONTRACT\nWITH ANIMAL PEST MANAGEMENT, INC. FOR THE GOPHER AND RODENT\nCONTROL PROGRAM\nRECOMMENDATION: That the City Council award and authorize the Mayor to execute\nthe Fourth Extension and Amendment to the contract between Animal Pest Management,\nInc. and the City of Yucaipa and authorize the City Manager or his designee to administer\nthe terms of the contract with Animal Pest Management Services, Inc. in the not-to-exceed\namount of $58,276 for the Gopher and Rodent Control Program – Project No. 11104 for\nFY24.

P. 86 8. SUBJECT: FOURTH EXTENSION AND AMENDMENT TO THE CONTRACT\nWITH EXCEL LANDSCAPE, INC. FOR MONTHLY LANDSCAPE MAINTENANCE\nSERVICES FOR THE CITY’S LANDSCAPE AND LIGHTING MAINTENANCE\nDISTRICT PROGRAM AND THE FIRST EXTENSION AND AMENDMENT TO THE\nCONTRACT WITH EXCEL LANDSCAPE, INC. FOR THE PARKS, MEDIANS, AND\nDETENTION BASIN MAINTENANCE PROGRAM\nRECOMMENDATION: That the City Council:\n1. Award and authorize the Mayor to execute and authorize the City Manager or his\ndesignee to administer the terms of the Fourth Extension and Amendment to the\nContract for FY24 with Excel Landscape, Inc. in the not-to-exceed amount of $330,000\nfor monthly landscape maintenance and repair services for the City’s Landscape and\nLighting Maintenance District Program; and\n2. Award and authorize the Mayor to execute and authorize the City Manager or his\ndesignee to administer the terms of the First Extension and Amendment to the Contract\nfor the FY24 with Excel Landscape, Inc. in the not-to-exceed amount of $419,593 for\nmonthly landscape maintenance and repair services for the City’s Parks, Medians, and\nDetention Basin Maintenance Program.

P. 94 9. SUBJECT: THIRD EXTENSION AND AMENDMENT TO THE CONTRACT WITH\nECONOLITE SYSTEMS FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR\nSERVICES\nRECOMMENDATION: That the City Council award and authorize the Mayor to execute\nand authorize the City Manager or his designee to administer the terms of the Third\nExtension and Amendment to the Contract for FY24 with Econolite Systems in the amount\nof $98,000 for traffic signal maintenance and repair services.\n06262023