Council Meeting - February 01, 2022
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (2 Cases)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Yorba Linda Estates, LLC v. City of Yorba Linda Case Number: 30-2021-01206096-CU-OR-NJC, North Justice Center, County of Orange Closed Session Item B, Conference with Legal Counsel – Existing Litigation was not discussed.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:32 p.m.
RECESS
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority reconvened at 6:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Mayor Carlos Rodriguez
INVOCATION
Dr. Ahmed Soboh, Islamic Center of Yorba Linda
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
City Attorney Litfin stated that Closed Session Item B, Conference with Legal Counsel – Existing Litigation was not discussed.
INTRODUCTIONS & PRESENTATIONS
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN JOSES WALEHWA Chief of Police Services Captain Joses Walehwa provided a PowerPoint presentation on law enforcement services for the months of November and December.
His update included statistics on traffic and he reminded the community to abide by traffic laws and slow down. He spoke about property crimes and said those statistics have remained stable with slight increases in burglaries involving vehicles and decreases in vandalism and fraud. Captain Walehwa spoke of significant arrests and said there has been a slight increase due to proactive and reactive responses from deputies. On December 3rd, deputies responded to a possible residential burglary and arrested two suspects, and on December 22nd deputies responded to a call for service to keep the peace. Upon investigation, deputies discovered a vehicle was stolen, they located fraudulent credit cards, false checks, narcotics and other items. Captain Walehwa spoke briefly about their business outreach efforts and urged residents to be vigilant of scams. He concluded his comments by thanking the community for participating in Coffee with a Cop and highlighting their partnership Trauma Intervention Program (T.I.P).
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA City Clerk Marcia Brown said no written comments were received.
Scott Conk, resident, expressed his concerns with the Quarter Horse Staging Area. He said it is a City-owned property that is causing problems and providing an area for loitering and other illegal activity. He suggested that a gate be installed and closed at night when the park is closed and that deputies start citing those that are in the area after closure and/or redesignating the area.
Captain Walehwa said he has had the opportunity to speak with residents of the area and encouraged them to call anytime suspicious activity is noticed. He said he will discuss some ideas for the area with Council at a later time.
CONSENT CALENDAR
Mayor Rodriguez stated that Mayor Pro Tem Gene Hernandez will abstain from Consent Calendar Item No. 2, out of an abundance of caution due to his involvement with Orange County Transportation Authority (OCTA) and the numerous contractors that may do work in the City.
Resolution:
Moved by
Hernandez
Seconded by
Huang
It is recommended that the City Council approve the Consent Calendar.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Huang
CARRIED (5 to 0)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Resolution:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. ACCOUNTS PAYABLE CHECK REGISTER – FEBRUARY 1, 2022
1. AP Check Register - 2-1-22 - CC-FIN-22-003.pdf
2. Attachment 1 - AP Check Register.pdf
Resolution:
It is recommended that the City Council receive and file the accounts payable check register dated February 1, 2022, in the amount of $1,844,812.30.
3. APPROVAL OF THE MINUTES OF THE JANUARY 14, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Jan14_2022 - English.pdf Resolution:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the January 14, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
4. APPROVAL OF THE MINUTES OF THE JANUARY 18, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Jan18_2022 - English.pdf
Resolution:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the January 18, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
5. RE-APPROPRIATION OF FUNDS FOR BASTANCHURY ROAD WIDENING (CASA LOMA AVENUE TO EUREKA AVENUE) FROM FISCAL YEAR 2022/23 TO FISCAL YEAR 2021/22
1. Bastanchury Road Widening Fund Advancement - CC-PW-22-006.pdf Resolution:
It is recommended that the City Council approve the re-appropriation of funds for the Bastanchury Road Widening (Casa Loma Avenue to Eureka Avenue) from Fiscal Year 2022/23 to Fiscal Year 2021/22. Staff also recommends that a Capital Improvement Program Project number be assigned to the project (SI221005).
6. SECOND READING AND ADOPTION OF ORDINANCE NO. 2022-1089 FOR ZONING CODE AMENDMENT ZCA 2021-01
1. Attachment 1 - Regular Ord 2022-1089 (SB 9 Implementation).pdf
2. Attachment 1 - Exhibit A 18.20 Special Uses and Conditions - Article XIV.pdf Resolution:
It is recommended that the City Council adopt Ordinance No. 2022-1089 Zoning Code Amendment ZCA 2021-01 to add regulations to Chapter 18.20 of the Yorba Linda Zoning Code related to Senate Bill 9 housing developments and urban lot splits.
7. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY OF YORBA LINDA AND CITY OF ANAHEIM FOR COST SHARE, FUNDING AND ENGINEERING OF YORBA LINDA BOULEVARD/WEIR CANYON ROAD WIDENING FROM LA PALMA AVENUE TO SANTA ANA CANYON ROAD
1. Cooperative Agr with Anaheim for Yorba Linda Blvd Widening - CC-PW-22-004.pdf
2. Attachment 1 - Cooperative agreement.pdf
3. Attachment 2 - Exhibits A and B to Coop Agreement.pdf Resolution:
It is recommended that the City Council: 1.) authorize the City Manager to sign the Cooperative Agreement between City of Yorba Linda and City of Anaheim for cost share, funding and engineering of Yorba Linda Boulevard/Weir Canyon Road widening from La Palma Avenue to Santa Ana Canyon Road Project SI211002 (Project); and 2.) approve a supplemental budget appropriation of $245,475 from the General Fund Reserves with a corresponding increase to the Capital Improvement Program (CIP) Project budget, with the understanding that an equal amount will be returned to the Fund balance upon reimbursement by the City of Anaheim after completion of the Project.
8. RESOLUTION NO. 2022–5783 APPROVING THE SUBMISSION OF APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY IS ELIGIBLE, INCLUDING THE SB 1383 LOCAL ASSISTANCE GRANT
1. CalRecycle SB 1383 Local Assistance Grant Prog. - CC-PW-22-007.pdf
2. Attachment A - Res No. 2022- 5783.pdf
Resolution:
It is recommended that City Council: 1.) adopt Resolution No. 2022-5783 (Attachment A) authorizing submission of an application to CalRecycle for any and all grant and payment programs offered, including the SB 1383 Local Assistance Grant. 2.) authorize the City Manager or designee to execute in the name of the City all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved grant or payment project, including the SB 1383 Local Assistance Grant.
9. REAUTHORIZATION OF TELECONFERENCED MEETINGS PURSUANT TO AB 361
1. Res No. 2022-5782 Reauth. of Teleconferenced Mtgs - CC-ADM-22-004.pdf
2. Attachment 1 - Res No. 2022-5782.pdf
Resolution:
It is recommended that the City Council adopt Resolution No. 2022-5782 reauthorizing teleconferenced meetings pursuant to the requirements of AB 361.
10. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-22-005.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
Resolution:
It is recommended that the City Council receive and file this report.
PUBLIC HEARING
11. RESOLUTION NO. 2022- 5781 ADOPTING GENERAL PLAN AMENDMENT 2020-01 – AN UPDATE OF THE HOUSING ELEMENT OF THE GENERAL PLAN FOR 2021-2029
1. GPA 2020-01 Housing Element Update CC PH - CC-CD-22-002.pdf
2. Attachment 1 - Resolution No. 2022-5781 Housing Element Update.pdf
3. Attachment 1 - Exhibit A, Revised Draft Housing Element.pdf City Manager Pulone said due to recent developments, staff is recommending the continuation of this item.
Planning Manager Nate Farnsworth said staff was optimistic that HCD would approve their Housing Element, but due to recent requests for clarification, staff is recommending a continuation to an Adjourned Regular Meeting on February 9th at 5:30 p.m. prior to the Planning Commission meeting.
City Clerk Brown said there were no requests to speak on this item.
Resolution:
Moved by
Rodriguez
Seconded by
Hernandez
It is recommended that the City Council continue this item to an Adjourned Regular Meeting on Wednesday, February 9th at 5:30 p.m.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Huang
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Mark Pulone informed the community that the extensive renovations to Adventure Playground are well underway. The City has been posting photos and drone footage of the progress on the City website and encouraged the community to visit the site to learn more. If all goes well, the City anticipates having the work completed this fall.
Councilwoman Tara Campbell said she attended a few ribbon cuttings and expressed her excitement to see businesses opening throughout the community. She announced that the Miss Placentia and Miss Yorba Linda Pageant is this upcoming Saturday. Councilwoman Campbell also said that today is the start of Black History Month and wished everyone a Happy Lunar New Year.
Councilwoman Peggy Huang provided an update on the Toll Roads 241/91 Express Connector and informed the community of upcoming road closures for the installation of channelizers; construction will occur from 11:00 p.m. and 5 a.m. for the next 15 days. She said she will serve as a judge at the upcoming Miss Placentia and Miss Yorba Linda Pageant and shared that there is currently a blood shortage that is causing vital surgeries to be delayed and urged the community to donate blood.
Councilwoman Beth Haney wished everyone a Happy Lunar New Year, and said it is the year of the Water Tiger. She encouraged residents to visit the website to stay informed on housing issues.
Mayor Pro Tem Hernandez also expressed his excitement for the upcoming Pageant and reminded the community that this Saturday there will also be an E-waste Recycling and Shredding event at City Hall from 9:00 a.m. to 12:00 p.m.
Mayor Rodriguez echoed the comments of his colleagues regarding the Pageant and said he will be attending with his daughter. He spoke of the significance of Black History Month and the profound impacts of notable leaders. Mayor Rodriguez also expressed his excitement over the recent ribbon cuttings and wished Councilwoman Haney a happy birthday.
OTHER BUSINESS
12. MISS PLACENTIA AND MISS YORBA LINDA SCHOLARSHIP (RODRIGUEZ)
1. Miss Placenita and Miss Yorba Linda Scholarship (Rodriguez).pdf Mayor Rodriguez spoke about the Miss Placentia and Miss Yorba Linda Scholarship program and said the City donated in prior years and requested Council’s consideration to donate to the education fund again, matching last year's $2,000 amount.
Resolution:
Moved by
Rodriguez
Seconded by
Hernandez
It is recommended that the City Council make a scholarship contribution of $2,000, matching last year's donation.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Huang
CARRIED (5 to 0)
13. RESOLUTION AND LETTERS SUPPORTING FEDERAL PFAS LEGISLATION (HANEY)
1. Resolution and Ltrs Supporting Federal PFAS Legislation (Haney).pdf Councilwoman Haney spoke of the support of Federal PFAS legislation that would protect ratepayers and water/wastewater agencies. Under existing law, the U.S. Environmental Protection Agency (USEPA) ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur, and eliminating this would burden ratepayers of all income levels with PFAS compliance costs.
Steve Sheldon, President of the Orange County Water District, thanked Council for considering this item and expressed the District's concerns regarding the PFAS regulations and the need for having such exemption.
City Clerk Brown said there were no public comments.
Councilwoman Haney asked President Sheldon if any cities have been opposed to the resolution. President Sheldon said he cannot think of any reason why a city would be opposed to the resolution as it simply exempts those who are removing PFAS from the water and would protect ratepayers. City Attorney Litfin added that this would not impose liability on the City either.
Councilwoman Campbell asked if the Yorba Linda Water District is supporting this item and inquired if any cities that do not have an independently elected water board, like Yorba Linda, have supported this item. President Sheldon mentioned that some cities that have control of water rates have already taken a stance, but not a city that has no control over water issues and rates. Mr. Sheldon also indicted that the Yorba Linda Water District is in support of the item.
Councilwoman Campbell said there has been discussion at prior meetings regarding not acting on legislative items that are not under the direct purview of Council, therefore she will be abstaining from the item. She expressed her appreciation to the Yorba Linda Water District for being proactive in supporting the item.
Resolution:
Moved by
Hernandez
Seconded by
Haney
It is recommended that the City Council submit a resolution in support of Federal PFAS Legislation.
AYES (4)
Rodriguez, Hernandez, Haney, and Huang
ABSTAINED (1)
Campbell
CARRIED (4 to 0)
ADJOURNMENT
Mayor Rodriguez adjourned the meeting at 7:25 p.m. to an adjourned regular meeting of the City Council/Successor Agency to the Yorba Linda Redevelopment Agency on February 9, 2022 at 5:30 p.m.