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Minutes

Yorba Linda City Council
November 15, 2022

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Minutes
Meeting
November 15, 2022
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Yorba Linda City Council
Text extracted from the city's file for reading and search. Open the original on pub-yorbalinda.escribemeetings.com. That file is the official record.

Council Meeting - November 15, 2022

CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue.

ROLL CALL
Councilwoman Peggy Huang was in attendance via Zoom.

City Attorney Todd Litfin said that the State of California is still in a state of emergency due to the COVID-19 pandemic and therefore participation via teleconference is permissible under Government Code 54953(e).

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) (3 Cases)

B.   PUBLIC EMPLOYEE PERFORMANCE EVALUATION – TITLE: CITY ATTORNEY Government Code Section 54957

PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.

CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:33 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
Councilwoman Huang was in attendance via Zoom.

PLEDGE OF ALLEGIANCE
Councilwoman Tara Campbell

INVOCATION
Dr. Azeem Syed, Islamic Center of Yorba Linda and Chairman of the Southern California Shura Council

CLOSED SESSION REPORT
City Attorney Litfin said there was no reportable action.

INTRODUCTIONS & PRESENTATIONS

RECOGNITION OF EDIE ISRAEL, 2022 CITIZEN OF THE YEAR
Mayor Carlos Rodriguez honored Edie Israel, recipient of the City's 2022 Citizen of the Year recognition. He shared that the City has presented this prestigious award since 2004 and spoke of her tremendous accolades and service. Mayor Rodriguez shared that Ms. Israel's real estate business success has allowed her to make significant philanthropic impacts while investing in the community by sponsoring the Taste of Yorba Linda and Love Yorba Linda among other local events. Ms. Israel sponsors school spelling bees, boys’ and girls' sports teams, and even purchased laptops for Bryant Ranch School to make a lasting impact on child education. He spoke further of her success and presented her with a recognition.

Supervisor Don Wagner, Brendon Moeller from Congresswoman Young Kim's office and Elizabeth Layezzari of Senator Josh Newman's office were also in attendance to recognize Ms. Israel.

RECOGNITION OF YORBA LINDA ARTS ALLIANCE FOUNDATION
Mayor Rodriguez invited Gabriella Rollins, Yorba Linda Arts Alliance Director and Board Members to the podium and recognized the organization for its dedication to building awareness, involvement and enjoyment of local arts in the community and commended their annual Celebration of Arts and Music Festival.

Ms. Rollins thanked Council and the community for their ongoing support.

RECOGNITION OF DR. GREGG DENICOLA
Next, Mayor Rodriguez asked Dr. Gregg DeNicola, Chief Medical Officer of Caduceus Medical Group to approach the podium and presented him with a certificate of recognition in honor of his efforts in renovating the historic Yorba Linda Packing House and turning it into the great Caduceus Medical group which embraces the history of packing houses and citrus in the County. Council expressed their appreciation for preserving the history of Yorba Linda.

Dr. DeNicola spoke about his business and the renovation experience. He thanked Council for the ongoing support throughout the years.

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 September and October. His update included statistics on traffic (injury and non-injury), property crime data and residential burglaries. He said residential burglaries have increased over the years, but this has been a nationwide trend. He provided home security tips, including never leaving doors and windows unlocked at home on any floor nor vehicles. He advised the community to always use their security alarms and invited residents to the Community Safety and Crime Prevention meeting this Thursday, November 17th at the Yorba Linda Cultural Arts Center from 6:00 p.m. to 7:30 p.m. Captain Walehwa spoke of arrest and significant arrest data and concluded his comments by highlighting recent community events including the Officer Friendly event on September 28th and National Prescription Take-Back Day on October 29th.

INTRODUCTION OF NEW STAFF MEMBER JOSUE BARREIRO MENDOZA, RECREATION COORDINATOR FOR ADVENTURE PLAYGROUND Lastly, City Manager Mark Pulone introduced Josue Barreiro Mendoza, Recreation Coordinator for Adventure Playground to Council and the community. He said Mr. Mendoza started with the City last week and spoke briefly of his career background. Council welcomed him to the Yorba Linda team.

PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Robert Simmons, resident, spoke of his previously suggested Purple Heart discount on green fees at the Black Gold Golf Course.

Maryam Kerl, resident, spoke about Hunger and Homelessness Awareness Week. She expressed her gratitude for Council's efforts to end homelessness in the community and commended them for their collaborative efforts with other organizations countywide.

Anita Hynds, resident, spoke about the recent election and expressed concerns with fraud.

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.

Moved by
Hernandez
Seconded by
Haney
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 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 – NOVEMBER 15, 2022

1. AP Check Register 11-15-22 - CC-FIN-22-046.pdf

2. Attachment 1 - AP Check Register 11-15-22.pdf
It is recommended that the City Council receive and file the accounts payable check register dated November 15, 2022, in the amount of $829,220.16.

3.   APPROVAL OF THE MINUTES OF THE NOVEMBER 1, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING

1. Post-Meeting Minutes - CC_Nov01_2022 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the November 1, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

4.   TREASURER’S REPORT – AUGUST 2022

1. Treasurers Report - Aug 2022 - CC-FIN-22-045.pdf

2. Attachment 1 - Treasurers Report - Aug 2022.pdf
It is recommended that the City Council: 1.) Receive and file the attached monthly Treasurer’s Report; and 2.) Delegate investment responsibility to the City’s Finance Director / City Treasurer for a period of up to one year.

5.   LOCAL PARK DEVELOPMENT IMPACT FEES (MITIGATION FEE ACT) FY 2021 - 2022

1. Local Park Dev. Impact Fees (Mitigation Fee Act) FY21-22 - CC-PR-22-019.pdf

2. Attachment A - Impact Annual Report.pdf
It is recommended that the City Council receive and file the Annual Report on Local Park Development Impact Fees (Mitigation Fee Act), included as Attachment A, for the period ending June 30, 2022.

6.   MASTER PLAN OF DRAINAGE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2021/22

1. Master Plan of Drainage Dev. Impact Fees FY 2021-22 - CC-FIN-22-043.pdf It is recommended that the City Council receive and file the annual report of Master Plan of Drainage development impact fees for the fiscal year ended June 30, 2022, as required by the Mitigation Fee Act.

7.   TRAFFIC DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2021/22

1. Traffic Dev. Impact Fees Annual Report FY 2021-22 - CC-FIN-22-044.pdf It is recommended that that the City Council receive and file the annual report of traffic development impact fees for the fiscal year ended June 30, 2022, as required by the Mitigation Fee Act.

8.   APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY OF YORBA LINDA AND CITY OF PLACENTIA FOR COST SHARE, FUNDING, AND DEVELOPMENT OF YORBA LINDA – PLACENTIA MULTI-AGENCY ACTIVE TRANSPORTATION PLAN (PROJECT TC221001)

1. Placentia Cooperative Agr - Multi-Agency ATP Project - CC-PW-22-066.pdf

2. Attachment 1 - Cooperative Agreement.pdf
It is recommended that the City Council authorize the City Manager to sign the Cooperative Agreement between the City of Yorba Linda and the City of Placentia for cost share, funding, and development of the Yorba Linda – Placentia Multi-Agency Active Transportation Plan Project (TC221001).

9.   INTRODUCTION OF ORDINANCES FOR 2022 EDITIONS OF CONSTRUCTION CODES AS MANDATED BY THE STATE & ADOPT RESOLUTION NO. 2022-5828 & CONSIDERATION OF CEQA EXEMPTION & DETERMINATION PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3).

1. 2022 Building Code Adoption - CC-CD-22-016.pdf

2. Attachment 1 - Ord No. 2022-1094 Building Code.pdf

3. Attachment 2 - Ord No. 2022-1095 Residential Code.pdf

4. Attachment 3 - Ord No. 2022-1096 Electrical Code.pdf

5. Attachment 4 - Ord No. 2022-1097 Mechanical Code.pdf

6. Attachment 5 - Ord No. 2022-1098 Plumbing Code.pdf

7. Attachment 6 - Ord No. 2022-1099 Fire Code.pdf

8. Attachment 7 - Ord No. 2022-1100 Green Code.pdf

9. Attachment 8 - Ord No. 2022-1101 Solar Code.pdf

10. Attachment 9 - Ord No. 2022-1102 Swimming Pool Code.pdf

11. Attachment 10 - Ord No. 2022-1103 Housing Code.pdf

12. Attachment 11 - Ord No. 2022-1104 Dangerous Building Code.pdf

13. Attachment 12 - Res No. 2022-5828 2022 Code Adoption Final.pdf

14. Green Sheet - Attachments 1,2,3,4,5,6 and 10.pdf
It is recommended that the City Council: 1.) Introduce for the first reading Ordinance Numbers. 2022-1094, 2022-1095, 2022-1096, 2022-1097, 2022-1098, 2022-1099, 2022-1100, 2022-1101, 2022-1102, 2022-1103, 2022-1104 and set a public hearing for the City Council meeting of December 6, 2022, for final adoption and finding that the approval is exempt from CEQA under the “common-sense” exemption set forth in CEQA Guidelines section 15061(b)(3). This introduction is in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 22-01; and 2.) Adopt Resolution No. 2022-5828, setting forth findings relative to local climatic, geographical and topographical conditions and repeal Resolution No. 2019-5642.

10.   COMMISSION VACANCIES

1. Commission Vacancies - CC-ADM-22-052.pdf

2. Attachment 1 - Local Appointment List 2021.pdf
It is recommended that the City Council direct staff to advertise and recruit for vacancies on City Commissions.

11.   LIBRARY AND CULTURAL ARTS CENTER FURNITURE, FIXTURE AND EQUIPMENT CLOSEOUT

1. Library and Arts Ctr Furniture Fixture Equip Agr Closeout - CC-FIN-22-047.pdf It is recommended that the City Council receive and file this report.

12.   APPROVAL OF FINAL TRACT MAP NO. 18123 (SHEA HOMES “SAFFRON”)

1. Accept Final Map Shea Homes Tract 18123 - CC-PW-22-064.pdf

2. Attachment 1- Vicinity Map.pdf

3. Attachment 2 - Final Tract Map No.18123.pdf
It is recommended that the City Council: 1.) Approve Final Tract Map No. 18123 and authorize the City Clerk to certify the record map upon completion of any technical corrections required by the City Engineer.

13.   APPROPRIATE FUNDS FOR REIMBURSEMENT UNDER TERMS OF SUBDIVISION IMPROVEMENT AGREEMENT WITH ZELMAN DEVELOPMENT COMPANY AND SUBSEQUENTLY AUTHORIZE TERMINATION OF AGREEMENT

1. Zelman Public Improv. Reimbursement - CC-PW-22-065.pdf

2. Attachment 1 - Zelman Reimbursement Req. Ltr.pdf

3. Attachment 2 - SIA Termination Doc.pdf
It is recommended that the City Council: 1.) Approve a budget appropriation in the amount of $68,268.24 from the General Fund reserves (101) for reimbursement to the Zelman Development Company under the terms of the Subdivision Improvement Agreement; and 2.) Authorize termination of the Subdivision Improvement Agreement.

14.   DENIAL OF CLAIMS FOR DAMAGES

1. Denial of Claims for Damagess - CC-ADM-22-051.pdf
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Michael Maksimos, Helen Ohirko, and Don Zeng.

15.   REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING

1. Planning Comm. Recap 11-9-2022.pdf
It is recommended that the City Council receive and file this report.

16.   COUNCIL COMMITTEE AND AGENCY REPORTS

1. Committee and Agency Reports - CC-ADM-22-053.pdf

2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.

CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone reminded the community that through the month of November, veterans can receive a 25% discount on green fees at the Black Gold Golf Course.

Councilwoman Beth Haney participated in the Autism Speaks Walk on Saturday and said there were thousands in attendance. She encouraged those interested in donating or getting involved to visit www.autismspeaks.org.

Councilwoman Campbell thanked the Yorba Linda Woman's Club for their hard work organizing the Fall Craft Fair that helps raise funds for other events, including scholarships. She thanked Captain Walehwa for the safety tips and encouraged residents to attend the Community Safety and Crime Prevention meeting this Thursday, November 17th at the Yorba Linda Cultural Arts Center.

Councilwoman Huang shared that this will be her last meeting serving on Council and expressed her sincere gratitude for the opportunity to serve the past eight years. She spoke of the multitude of projects she has been involved in, including the Town Center, Savi Ranch Twenty Year Vision Plan and the new library among others. She spoke of her work with the Engineer's Reports, her service on SCAG and the Regional Housing Needs Assessment and thanked her Council colleagues and staff.

Mayor Pro Tem Hernandez said the green fees discount mentioned by Mr. Simmons was broadened to include all veterans, not just Purple Heart recipients. He said he attended a Rotary Zone Institute conference in Salt Lake City, Utah where they discussed what peace is and how to create peace. He concluded by announcing that the Islamic Center on Monday, November 21st will be offering food distribution for families in need of a Thanksgiving meal.

Mayor Rodriguez said tomorrow night the City is hosting a Safety Mitigation Community Workshop focused on wildfire safety, prevention and mitigation strategies, and our local hazard mitigation planning process at the Library Community Room at 6:30 p.m. He also reminded the community of Captain Walehwa's announcement of the Community Safety and Crime Prevention Presentation on November 17th at the Cultural Arts Center. He concluded his comments by sharing that the Winter 2023 Recreation Guide was mailed last week to residents and is available online.

ADMINISTRATIVE REPORTS

17.   RESOLUTION NO. 2022-5829 RE CITY OF YORBA LINDA MEMBERSHIP IN THE ORANGE COUNTY HOUSING FINANCE TRUST, A JOINT POWERS AUTHORITY

1. CC SR OC Housing Finance Trust JPA.pdf

2. Attachment 1 - OCHFT Bylaws (Sept 2021).pdf

3. Attachment 2 - Board of Directors List.pdf

4. Attachment 3a - OCHFT JPA with all Member Signature Pages.pdf

5. Attachment 3b - OCHFT JPA Signature Page Form.pdf

6. Attachment 4 - Resolution No 2022-5829 OCHFT Membership.pdf Community Development Director David Brantley provided a staff report. He said the Orange County Housing Finance Trust was enacted by Assembly Bill 448, and allows the County of Orange and participating cities to become more competitive in accessing gap funding sources available for workforce and other affordable housing projects. Since the establishment of the Trust, the list of member agencies has grown. He said one project that may potentially be eligible for grant funding through the Trust is the second phase of the Altrudy senior housing development. Director Brantley spoke further of the benefits of joining the Trust, the joint powers agreement and concluded by stating that the City received two letters of support from United Way and United to End Homelessness.

Moved by
Hernandez
Seconded by
Huang
It is recommended that the City Council take the following actions: 1.) Adopt Resolution No. 2022-5829 approving, authorizing and directing City execution of the Joint Exercise of Powers Agreement relating to membership in the Orange County Housing Finance Trust; and, 2.) Authorize the Mayor to execute the Orange County Housing Finance Trust Joint Powers Authority (JPA) Agreement.

AYES (5)
Haney, Campbell, Rodriguez, Hernandez, and Huang
CARRIED (5 to 0)

ADJOURNMENT
Mayor Rodriguez adjourned the meeting at 7:34 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on December 6, 2022.

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