Council Meeting - December 06, 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
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)
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 6:33 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Councilwoman Peggy Huang
INVOCATION
Deacon Denis Zaun, St. Martin De Porres Catholic Church
CLOSED SESSION REPORT
City Attorney Todd Litfin said one item under Conference with Legal Counsel - Anticipated Litigation, Significant Exposure to Litigation was discussed and there was no reportable action.
CONSENT CALENDAR (1 - 2)
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council approve the Consent Calendar (1 - 2).
AYES (5)
Campbell, Haney, Hernandez, Huang, and Rodriguez
(5 to 0)
1. APPROVAL OF THE MINUTES OF THE NOVEMBER 15, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Nov15_2022 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the November 15, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
2. CANVASS OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
1. Canvass of 11-8-22 General Municipal Election - CC-ADM-22-057.pdf
2. Attachment 1 - ROV Certificate of Results.pdf
3. Attachment 2 - Resolution No. 2022-5832.pdf
4. Green Sheet - Canvass of Election Attachments 1 and 2.pdf It is recommended that City Council adopt a Resolution, reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law.
REORGANIZATION OF COUNCIL
A. PRESENTATION TO OUTGOING COUNCILMEMBER
Mayor Carlos Rodriguez and Council expressed their gratitude and appreciation to Councilwoman Huang for all of her efforts and hard work serving the City. The following individuals presented her with a recognition: Yorba Linda Water District President J. Wayne Miller, Jonathan Hughes from Southern California Association of Governments (SCAG), Pat Buttress, representative from Supervisor Don Wagner's office, Linette Choi, District Director from Congresswoman Young Kim's office, Ali Navid Chief of Staff for Assemblyman Phillip Chen's office and Sheen Sidhu, representative from Senator Newman's office.
Mayor Rodriguez presented a commendation and City Tile to Councilwoman Huang on behalf of the City Council.
B. COMMENTS BY OUTGOING COUNCILMEMBER
Councilwoman Huang expressed her gratitude for the recognitions and the honor to serve the community. She spoke about the projects she was involved with during her term and the collaboration with her Council colleagues.
C. ADMINISTER OATH OF OFFICE TO NEW COUNCILMEMBERS
Bridget Blehm, Civilian Aide to the Secretary of the Army administered the Oath of Office to re-elected Councilman Rodriguez.
Honorable Ling Ling Chang administered the Oath of Office to newly elected Councilwoman Janice Lim.
D. PRESENTATION OF PLAQUE TO OUTGOING MAYOR
The following individuals presented outgoing Mayor Rodriguez with a recognition: Yorba Linda Water District President Miller, Ms. Buttress, representative from Supervisor Don Wagner's office, Ms. Choi, District Director from Congresswoman Young Kim's office, Mr. Navid Chief of Staff for Assemblyman Phillip Chen's office and Ms. Sidhu, representative from Senator Newman's office.
Mayor Pro Tem Gene Hernandez presented a plaque to outgoing Mayor Rodriguez on behalf of City Council. Following the recognitions, Mayor Rodriguez thanked his family, colleagues, and the community for their support.
E. SELECTION OF MAYOR
Prior to the selection of Mayor, Councilwoman Lim thanked everyone who voted for her and expressed her enthusiasm to serve the community during her term on Council.
Mayor Rodriguez turned the meeting over to City Clerk Marcia Brown to conduct the nominations for Mayor.
City Clerk Brown opened nominations for Mayor.
Moved by
Rodriguez
Seconded by
Campbell
It is recommended that the City Council nominate Mayor Pro Tem Hernandez for Mayor.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
F. SELECTION OF MAYOR PRO TEM
Mayor Hernandez expressed his gratitude for being selected to serve as Mayor and spoke about his vision and goals for his term.
Mayor Hernandez opened nominations for Mayor Pro Tem.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council nominate Councilwoman Tara Campbell for Mayor Pro Tem.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
RECESS - RECEPTION IN COUNCIL CHAMBER LOBBY
Mayor Hernandez called a recess at
7:29 p.m. and reconvened the meeting at 7:45 p.m.
SECOND ROLL CALL
Councilmembers Present: Campbell, Haney, Hernandez, Lim, Rodriguez
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Russ Heine, resident, spoke about the Housing Element and state housing mandate. He said he is eager to work with Council to develop a plan that better meets voter expectations.
CONSENT CALENDAR (3 - 9)
Mayor Hernandez stated that he will abstain from Consent Calendar Item No. 4, 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
Campbell
Seconded by
Haney
It is recommended that the City Council approve the Consent Calendar (3 -9).
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
3. 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.
4. ACCOUNTS PAYABLE CHECK REGISTER – DECEMBER 6, 2022
1. AP Check Register 12-6-22 - CC-FIN-22-049.pdf
2. Attachment 1 - AP Check Register 12-6-22.pdf
It is recommended that the City Council receive and file the accounts payable check register dated December 6, 2022, in the amount of $3,038,313.59.
5. FINAL BUDGET APPROPRIATIONS FOR FY 2021/2022 AND FISCAL YEAR 2021/2022 GENERAL FUND YEAR END RESULTS
1. Final Budget Adjustments For FY2021-22 - CC-FIN-22-050.pdf
2. Attachment A - Final Budget Appropriations FY21-22.pdf
3. Attachment B - FY21-22 Budget Adjustment Listing.pdf
4. Attachment C - FY21-22 Year End Investment Performance Summary.pdf It is recommended that City Council: 1.) Approve final budget appropriations listed in Attachment A for FY 2021/22; 2.) Authorize the appropriation of $5,731,879 of available excess General Fund Operating Reserves for the following purposes: a.) $305,679 to be paid to CalPERS to continue implementation of the Council’s direction to accelerate the amortization of the City’s unfunded pension liability from 30 years to 20 years or less. b.) $426,200 to be deposited into the City’s Other Post-Employment Benefits (OPEB) Trust to pre-fund a portion of the City’s unfunded retiree medical liability. c.) Allocate $5.0 million to the Special Reserves Fund to set aside funds for future unfunded projects; 3.) Authorize the appropriation of $646,683 from Library Operating Reserves for the following purposes: a.) $61,283 to be paid to CalPERS to continue implementation of the Council’s direction to accelerate the amortization of the City’s unfunded pension liability from 30 years to 20 years or less. b.) $85,400 to be deposited into the City’s OPEB trust. c.) $500,000 to be appropriated to the Library Reserve Fund for future maintenance and capital improvements on the Library; 4.) Receive and file the attached list (Attachment B) of line-item budget transfers and supplemental appropriations for the entirety of fiscal year 2021/22, as required by City Council Policy F-4 – Supplemental Budget and Line-Item Transfers; 5.) Receive and file the attached year-end summary of the performance of the City’s managed investment portfolio (Attachment C).
6. RESOLUTION NO. 2022-5831 AUTHORIZING CITY AGENTS TO SIGN AND EXECUTE DOCUMENTS FOR THE PURPOSE OF PARTICIPATING IN FEDERAL GRANT PROGRAMS
1. EMPG 2022 - CC-ADM-22-054.pdf
2. Attachment A - EMPG Resolution 2022-5831.pdf
3. Attachment B - 2022 EMPG City Allocations.pdf
It is recommended that the City Council adopt Resolution No. 2022-5831 authorizing the City Manager, Assistant City Manager, or the Director of Finance to act as the “Authorized Agents” to sign and execute documents for the purpose of participating in Grant Programs, including but not limited to, the Emergency Management Performance Grant Program (EMPG) for FY2022, FY2023, and FY2024.
7. FISCAL YEAR 2021-22 MEASURE M2 EXPENDITURE REPORT
1. FY 2021-22 Measure M2 Expenditure - CC-FIN-22-048.pdf
2. Attachment 1 - Resolution No. 2022-5830.pdf
3. Attachment 2 - Measure M2 Expenditure Rpt.pdf
Staff recommends that the City Council adopt Resolution No. 2022-5830 approving the Measure M2 Expenditure Report for FY 21-22 and authorizing it for submission to the Orange County Transportation Authority.
8. FACILITY RENTAL DEPOSITS REVISIONS
1. Facility Rental Deposits Revisions - CC-PR-22-020.pdf It is recommended that the City Council approve the amended rental deposit policy for the Community Center, Thomas Lasorda Jr. Field House, and the Travis Ranch Activity Center.
9. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-22-056.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
3. Green Sheet - Attachment 1 - Reports from CC Organizations.pdf It is recommended that the City Council receive and file this report.
PUBLIC HEARINGS
10. ORDINANCES ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE CALIFORNIA BUILDING CODES AS MANDATED BY THE STATE OF CALIFORNIA, AND CODES AVAILABLE FOR ENFORCEMENT OF SUBJECTS NOT REFERENCED BY STATE MANDATED CODES, AND AMENDMENTS
1. Adoption of 2022 California Building Codes - CC-CD-22-018.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 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.pdf
a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Community Development Director David Brantley provided a brief overview of the staff report.
Building Official Jim Sowers shared a PowerPoint presentation highlighting the model code adoption process and key changes to the 2022 codes. He said the Orange County Fire Authority proposed a change to sprinkler system requirements for substantial residential renovations, where the scope of the renovation is similar to a new building, that a residential fire sprinkler system be required. Mr. Sowers concluded his comments by discussing high fire severity zone revisions and responded to questions from Council. c. Take Testimony
Richard de Bruijn, resident, expressed concerns with some of the updates and their associated costs. He inquired if there is a grandfathering process for existing homes and if these codes apply to Accessory Dwelling Units (ADUs).
Mr. Sowers responded that these changes apply to new construction only, including ADUs. d. Close Public Hearing - Mayor Hernandez closed the public hearing. e. Make Determination
Moved by
Haney
Seconded by
Rodriguez
It is recommended that the City Council: 1.) Conduct a public hearing on the adoption of the 2022 Editions of the California Building Codes mandated by the state as well as codes available for subjects not referenced by the state mandated codes; 2.) Adopt Ordinance No. 2022-1094: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.04 of the Yorba Linda Municipal Code and adopting by reference the California Building Code Volumes 1 and 2, 2022 Edition, which incorporates and amends the International Building Code, 2021 Edition, with certain appendices and amendments, the California Historical Building Code, 2022 Edition, the California Existing Buildings Code, 2022 Edition, and repealing Ordinance No. 2019-1063; 3.) Adopt Ordinance No. 2022-1095: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.05 of the Yorba Linda Municipal Code and adopting by reference the California Residential Code, 2022 Edition, which incorporates and amends the International Residential Code, 2021 Edition, with certain appendices and amendments, and repeal Ordinance No. 2019-1064; 4.) Adopt Ordinance No. 2022-1096: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.16 of the Yorba Linda Municipal Code and adopting by reference the California Electrical Code, 2022 Edition, which incorporates and amends the National Electrical Code, 2020 Edition, with certain amendments, deleting annexes and repealing Ordinance No. 2019-1065; 5.) Adopt Ordinance No. 2022-1097: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.06 of the Yorba Linda Municipal Code and adopting by reference the California Mechanical Code, 2022 Edition, which incorporates and amends the Uniform Mechanical Code, 2021 Edition, with certain appendices and amendments, and repealing Ordinance No. 2019-1066; 6.) Adopt Ordinance No. 2022-1098: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.24 of the Yorba Linda Municipal Code and adopting by reference the California Plumbing Code, 2022 Edition, which incorporates and amends the Uniform Plumbing Code, 2021 Edition, with certain appendices and amendments, and repeals Ordinance No. 2019-1067; 7.) Adopt Ordinance No. 2022-1099: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.08 of the Yorba Linda Municipal Code and adopting by reference the California Fire Code, 2022 Edition, which incorporates and amends the International Fire Code, 2021 Edition, with certain appendices and amendments, and repealing Ordinance No. 2019-1068; 8.) Adopt Ordinance No. 2022-1100: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.10 to the Yorba Linda Municipal Code and adopting by reference the California Green Building Standards Code, 2022 Edition, with certain appendices and amendments, and repealing Ordinance No. 2019-1069; 9.) Adopt Ordinance No. 2022-1101: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.28 of the Yorba Linda Municipal Code and adopting by reference the Uniform Solar Energy Code, 2021 Edition, with amendments, deleting appendices and repealing Ordinance No. 2019-1070; 10.) Adopt Ordinance No. 2022-1102: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.32 of the Yorba Linda Municipal Code and adopting by reference the Uniform Swimming Pool, Spa & Hot Tub Code, 2021 Edition with amendments, and repealing Ordinance No. 2019-1071; 11.) Adopt Ordinance No. 2022-1103: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.20 of the Yorba Linda Municipal Code and adopting by reference the Uniform Housing Code, 1997 Edition, with certain amendments, and repealing Ordinance No. 2019-1072; and 12.) Adopt Ordinance No. 2022-1104: An Ordinance of the City Council of the City of Yorba Linda amending Chapter 15.22 of the Yorba Linda Municipal Code and adopting by reference the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, with certain amendments, and repealing Ordinance No. 2019-1073.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
11. ORDINANCE NO. 2022-1105 REGARDING EXPEDITED PERMITTING FOR ELECTRIC VEHICLE CHARGING STATIONS
1. Ordinance No. 2022-1105 EV Charging Expedited Permits - CC-CD-22-017.pdf
2. Attachment 1 - Ordinance 2022-1105.pdf
a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Director Brantley said Council adopted Ordinance 2020-1080 in June of 2020 to implement the requirements of AB 1236 which required cities and counties to adopt, by ordinance, an expedited, streamlined permitting process for electric vehicle charging stations. The proposed ordinance would repeal Ordinance 2020-1080 to include new requirements of AB 970. AB 970 provides clarification on key terms and specific permit processing timelines for jurisdictions to adhere to by 2023. c. Take Testimony
None.
d. Close Public Hearing - Mayor Hernandez closed the public hearing. e. Make Determination
Moved by
Haney
Seconded by
Campbell
It is recommended that the City Council introduce for first reading Ordinance No. 2022-1105 as required by state law for expediting permit applications for Electric Vehicle Charging Stations for residential and commercial applications.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone addressed the comments made by Mr. Heine and said the City's Housing Element remains certified and will do what is possible to remain certified. He said staff is already working on the next steps and will engage the needs of the community and Council in the coming months. He reminded the community that the City has a holiday home decorating contest with prizes for the top three homes. City Manager Pulone encouraged those interested to visit the City website for more information.
Councilwoman Beth Haney said she attended the Hometown Heroes Christmas Tree Dedication for Gold Star Families at the Richard Nixon Presidential Library and Museum on Sunday, December 4th.
Councilwoman Lim also encouraged the community to participate in the holiday decorating contest. On Saturday, she attended a holiday event at Friends Church and said she helped the Islamic Center of Yorba Linda provide food to over 150 families for Thanksgiving.
Mayor Pro Tem Campbell agreed with Mr. Heine that the City does not have a lot of time to move forward with rezoning for the housing element. She said the City wants to maintain its local control and work with the community to decide what is best, rather than to have the State make those decisions. She thanked the Yorba Linda Islamic Center for feeding so many families and For Families of Active Military for hosting troops for Thanksgiving at East Lake. She spoke of the Hometown Heroes Christmas Tree Dedication event and encouraged residents to attend the East Lake Boat Parade Saturday, December 10th, and Sunday, December 11th.
Mayor Hernandez echoed the comments made by his colleagues regarding the Hometown Heroes Christmas Tree Dedication event and said it is a very touching recognition and said the Holiday on Main Street event was very well attended. Mayor Hernandez announced the Handel's Messiah Sing Along event organized by the Yorba Linda Arts Alliance at the Nixon Library, he said it is free and encouraged the community to attend next year.
12. CITY COUNCIL INTEREST IN BEING APPOINTED TO ORGANIZATIONS, AGENCIES, AND COMMITTEES
1. Interest in Appointments to Organizations, Agencies, Comm.- CC-ADM-22-055.pdf
2. Attachment 1. List of Current City Council Appointments.pdf
3. Attachment 2. Responsibilities Organizations Agencies Committees.pdf
4. Attachment 3. Ordinance No. 2009-928.pdf
5. Attachment 4. Correspondence.pdf
Mayor Hernandez asked his Council colleagues to email their appointment preferences to him by Wednesday, December 14th so he can make his recommendations at the December 20th Council meeting.
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 8:34 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on December 20, 2022.