CITY COUNCIL SPECIAL MEETING
AGENDA
Tuesday, July 5, 2022, 5:30 p.m.
Council Chambers
4845 Casa Loma Avenue
***SPECIAL NOTICE REGARDING COVID-19***
California remains in a “state of emergency” due to the Covid-19 pandemic which to date has not been lifted by the Governor. The California Department of Public Health (“CDPH”) current guidance strongly recommends all persons, regardless of vaccination status, wear masks in indoor public settings.
Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to Covid-19 and enabling teleconferencing accommodations by amending specified provisions in the Ralph M. Brown Act (Government Code § 54953(e)), members of the public, the City Council, the City Manager, City Attorney, City Staff, and City Consultants may participate in this regular meeting by teleconference. This meeting will be accessible to the public to attend in person and electronically to promote social distancing if so desired during the pandemic. Members of the public can attend in person, or view it online via the City’s website.
Public Comments: In addition to attendance in person, you can also access the zoom link at the time of the meeting and will be instructed on the process for providing public comment. Please be prepared to use the “raise your hand” feature when public comment opportunities are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor in order to become audible to the City Council and the public.
https://yorbalinda.zoom.us/j/89936025247?pwd=M0F5M3VuOU1oRGZVU2NUYnlrWTRrQT09 Written Public Comments: Submit to [email protected]. Comments will be distributed to the City Council, become a public record of the meeting, and will be summarized during the meeting.
Pages
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency will convene at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEM
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) (1 Case)
PUBLIC COMMENT ON CLOSED SESSION ITEM
CONVENE INTO CLOSED SESSION
RECONVENE INTO OPEN SESSION
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority will reconvene at 6:00 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
CLOSED SESSION REPORT
PUBLIC COMMENTS - ON THE ITEM ON THE AGENDA
AGENDA ITEM
1. CITY OF YORBA LINDA GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2022
4 Recommended Motion:
It is recommended that the City Council adopt the following Resolutions: 1.) Resolution No. 2022-5812, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of certain officers as required by the provisions of the laws of the state of California relating to General Law cities. 2.) Resolution No. 2022-5813, requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the statewide General Election to be held on the date pursuant to Section 10403 of the Elections Code.3.) Resolution No. 2022-5814, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.
ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is July 19, 2022.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), THE CITY WILL MAKE EVERY REASONABLE ATTEMPT TO ACCOMMODATE ANY ATTENDEE OR PARTICIPANT AT THIS MEETING NEEDING SPECIAL ASSISTANCE BEYOND WHAT IS NORMALLY PROVIDED. PLEASE CONTACT THE CITY
CLERK'S OFFICE AT (714) 961-7150 AT LEAST 48 HOURS PRIOR TO THIS MEETING TO INFORM US OF YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE. PLEASE ADVISE US AT THE TIME YOU CALL IF SPECIAL ASSISTANCE IS REQUIRED TO ATTEND OR PARTICIPATE IN MEETINGS ON A REGULAR BASIS.
CITY CLERK'S OFFICE
DATE: JULY 5, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: CITY OF YORBA LINDA GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2022
RECOMMENDATION
It is recommended that the City Council adopt the following Resolutions:
1.) Resolution No. 2022-5812, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of certain officers as required by the provisions of the laws of the state of California relating to General Law cities.
2.) Resolution No. 2022-5813, requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the statewide General Election to be held on the date pursuant to Section 10403 of the Elections Code.
3.) Resolution No. 2022-5814, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.
BACKGROUND
As a general law city, the City of Yorba Linda holds municipal elections in even numbered years. They are conducted in accordance with the California Elections Code.
In an effort to conserve funds, the State Legislature authorized cities and districts to consolidate their elections with counties. The City of Yorba Linda has elected to consolidate City of Yorba Linda General Municipal Elections with the County of Orange Statewide General Elections held in November of even numbered years.
ANALYSIS
A person is eligible to seek office as a Councilmember if he or she resides within the boundaries of the City of Yorba Linda and is a registered voter of the City at the time nomination papers are issued.
The candidate filing period for the November 2022 election will open on Monday, July 18, 2022 and close on Friday, August 12, 2022. If an incumbent, eligible for reelection, does not
GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2022
P a g e | 2
file nomination papers by this deadline, the filing period is extended five calendar days, until Wednesday, August 17, 2022. Incumbents may not file during the extension period.
It is optional for each candidate to submit a Candidate's Statement. If the candidate chooses to have a statement included in the Sample Ballot, the resolution stipulates that the candidate pay for the costs involved at the time the nomination paper is filed.
If any measures pertaining to rezoning are added to this election, they will be added by the City Council at a future Council meeting.
FISCAL IMPACT
These services and expenses have been included in the Fiscal year 2022/23 City Clerk's Department budget in account number 1010160-424300.
ATTACHMENTS
1. Resolution No. 2022-5812, Calling and Giving Notice of the General Municipal Election
2. Resolution No. 2022-5813, Requesting the Orange County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election
3. Resolution No. 2022-5814, Adopting regulations for candidates
RESOLUTION NO. 2022-5812
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda, as follows:
SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Yorba Linda, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two Members of the City Council for the full term of four years.
SECTION 2. The ballots to be used at the election shall be in form and content as required by law.
SECTION 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. The polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, pursuant to Elections Code §10242, except as provided in Section 14401 of the Elections Code of the State of California.
SECTION 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
RESOLUTION NO. 2022-5812
PAGE NO. 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 5th day of July, 2022.
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
_______________________________
CITY ATTORNEY
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 5th day of July, 2022, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2022-5813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA
LINDA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Yorba Linda called a General Municipal Election to be held on November 8, 2022, for the purpose of the election of two Members of the City Council; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
SECTION 1. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022 for the purpose of the election of two Members of the City Council. The City acknowledges that the election will be held and conducted in the manner prescribed in Elections Code § 10418.
SECTION 2. The county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 3. The Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. The City of Yorba Linda recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 5. The City Clerk is hereby directed to file a certified copy of this resolution with the County Election Department of the County of Orange.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
RESOLUTION NO. 2022-5813
PAGE NO. 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 5th day of July, 2022.
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
_______________________________
CITY ATTORNEY
STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 5th day of July, 2022, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2022-5814
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8,
2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidate’s Statement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Yorba Linda on November 8, 2022, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name and a brief description of no more than 200 words of the candidate's occupation, education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
a. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates’ statements into Spanish, Vietnamese, Chinese, Korean. b. The City Clerk shall cause the Orange County Registrar of Voters to have all candidates’ statements translated into the languages specified in (a) above. c. All translations of all candidates’ statements specified in (a) above shall be printed in the voter’s pamphlet.
SECTION 3. PAYMENT. The candidate shall be required to pay for the cost of translating and printing the candidates’ statement in English and any required foreign languages as specified in Section 2(a) above pursuant to Federal and/or State law. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each
RESOLUTION NO. 2022-5814
PAGE NO. 2
candidate filing a statement to pay in advance his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate is an approximation of the actual cost that varies from one election to another and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days after the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued.
SECTION 6. That all previous resolutions establishing Council policy on payment for candidates’ statements are repealed.
SECTION 7. That this resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 5th day of July, 2022.
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2022-5814
PAGE NO. 3
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
_____________________________
CITY ATTORNEY
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 5th day of July, 2022, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA