Council Meeting - January 17, 2023
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
Councilmembers Absent: Rodriguez
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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section 54956.9(d)(4) (1 Case)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: APN 323-191-06
City Negotiators: City Manager Pulone
Property Negotiators: Parties To Be Determined
Under Negotiation: Price and Terms of Payment
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 6:32 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Chief of Police Services Captain Joses Walehwa
INVOCATION
Rabbi Levi Blesofsky, Chabad Beth Meir Hacohen
CLOSED SESSION REPORT
City Attorney Todd Litfin said they discussed the items on the Closed Session agenda and there was no reportable action other than on the Anticipated Litigation, Initiation of Litigation matter. He said Council voted 4 - 0, with Councilmember Carlos Rodriguez absent, to initiate litigation.
INTRODUCTIONS & PRESENTATIONS
11TH MEU ADOPTION COMMITTEE INTRODUCTION OF COLONEL THOMAS SIVERTS Mayor Gene Hernandez invited Colonel Thomas Siverts, Commanding Officer of the 11th MEU to the podium. Colonel Siverts thanked Council and the community for their continuous support during the Month of the Military Child, the Change of Command Ceremony, Thanksgiving commissary cards and year-round. He said the support enables servicemen and women to stay focused and he expressed his gratitude on their behalf.
Linda Queen, President of Yorba Linda's 11th MEU Adoption Committee, spoke about their fundraising efforts to help 11th MEU families and said they look forward to the upcoming year and finding new ways to support families.
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN JOSES WALEHWA Chief of Police Services Captain Walehwa provided a PowerPoint presentation on law enforcement services for the months of November and December. His update included statistics on traffic (injury and non-injury), property crime data and residential burglaries. Injury and non-injury traffic collisions and hazardous and non-hazardous citations all increased during the months of November and December compared to September and October. Total arrests for the last two months were also higher and Captain Walehwa spoke of a significant arrest that occurred on December 28th where three suspects were apprehended for retail theft. He concluded his comments by sharing about a significant service call, crime prevention and their community outreach efforts.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Richard de Bruijn, resident, spoke about SB 1383 Organics Recycling. He expressed some concerns he and his neighbors have, including how to accumulate and keep food scraps until trash day. He said storing it in the refrigerator is not practical for most and using a paper bag creates odors, especially in the summer, and may cause rodent problems. He said some countries supply a small can to residents to accrue scraps in a cleaner and safer manner.
Ghazal Seino and Maddie Marks-Noble, representatives with Senator Sayarto's office introduced themselves to Council.
Greg Mary, resident, shared his concerns with speeding on Esperanza Road and said this has been an ongoing issue. He said he has voiced his concerns before but no action has been taken, meanwhile the problem has gotten worse.
Dinorah Echavarria, expressed her concerns with housing and said she needs assistance with housing in Yorba Linda.
Shivinder Singh, resident and Commissioner, conveyed his gratitude to Yorba Linda Police Services for their exceptional vacation home check program.
Diane Kanne, resident, spoke about open space-lettered lots, specifically one in the Bryant Ranch community on Avenida De Michelle and urged Council to take ownership of these open space-lettered lots.
CONSENT CALENDAR
Mayor Hernandez stated that he 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. He also announced that he will abstain from Consent Calendar Item No. 11, as it pertains to a property owned by his son. Though the does not have a financial interest, he recused himself so it is clear that he did not influence the matter.
Mayor Pro Tem Tara Campbell requested to pull Item No. 9 for discussion.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar with the removal of Item No. 9.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
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 – JANUARY 17, 2023
1. AP Check Register 1-17-23 - CC-FIN-23-004.pdf
2. Attachment 1 - AP Check Register 1-17-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated January 17, 2023, in the amount of $3,444,735.74.
3. APPROVAL OF THE MINUTES OF THE DECEMBER 20, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Dec20_2022 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the December 20, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVAL OF THE MINUTES OF THE JANUARY 9, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Jan09_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the January 9, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. TREASURER’S REPORT – SEPTEMBER 2022 - CC-FIN-23-001
1. Treasurers Report - Sept 2022 - CC-FIN-23-001.pdf
2. Attachment 1 - Treasurers Report - Sept 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.
6. TREASURER’S REPORT – OCTOBER 2022 - CC-FIN-23-003
1. Treasurers Report - Oct 2022 - CC-FIN-23-003.pdf
2. Attachment 1 - Treasurers Report - Oct 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.
8. EXECUTION OF OPERATIONS AND MAINTENANCE AGREEMENT FOR THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS TEMPLE (APN #334-212-04)
1. WQMP Maint. Agreement_LDS Temple - CC-PW-23-005.pdf
2. Attachment 1 - Vicinity Map(1).pdf
3. Attachment 2 - WQMP, Stormwater BMP Maintenance, and ROW Agreement.pdf
4. Attachment 3 - Certificate of Liability Insurance.pdf It is recommended that City Council approve and execute the Water Quality Management Plan and Stormwater Best Management Practice (BMP) Maintenance and Right of Way Agreement for the proposed Church of Jesus Christ of Latter-Day Saints Temple (APN #334-212-04).
10. AWARD OF AGREEMENT TO MERCHANTS LANDSCAPE SERVICES, INC., FOR VILLAGE CENTER DR. RESTORATION PROJECT LMAD ZONE L-2B AND FIND THE LAKEVIEW AVE PKWY PLANTING RESTORATION PROJECT EXEMPT FROM CEQA, CLASS 1, PURSUANT TO CEQA GUIDELINES, SEC. 15301
1. Merchants Contract - Village Center Dr Project Zone L-2B - CC-PW-23-004.pdf
2. Attachment 1 - Vicinity Map.pdf
3. Attachment 2 - Agreement.pdf
It is recommended that the City Council: 1.) Approve the Award of a Contract Services Agreement to Merchants Landscape Services, Inc., in the amount of $112,775.52 for the Village Center Drive Restoration Project (Zone L-2B); and 2.) Authorize the City Manager to approve additional expenditures up to $16,916.33 (15% of the agreement value) in contract contingencies for potential additional services and unanticipated work that may arise, for a total potential agreement amount not-to-exceed $129,691.85; and 3.) Find that the Village Center Drive Restoration Project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and 4.) Authorize the City Manager to sign and execute the contract services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
11. DEMOLITION PERMIT REQUEST FOR 17846 ANNA MARIE ROAD
1. 17846 Anna Marie Road - CC-CD-23-001.pdf
2. Attachment 1 - Letter, Aerial and Front Elevation Photo.pdf It is recommended that City Council approve the demolition permit request for 17846 Anna Marie Road.
12. SECOND READING OF ORDINANCE NO. 2022-1105 REGARDING EXPEDITED PERMITTING FOR ELECTRIC VEHICLE CHARGING STATIONS
1. 2nd Reading Ordinance 2022-1105.pdf
It is recommended that the City Council adopt Ordinance No. 2022-1105 as required by state law for expediting permit applications for Electric Vehicle Charging Stations for residential and commercial applications.
13. DENIAL OF CLAIMS FOR DAMAGES
1. DENIAL OF CLAIMS FOR DAMAGES - CC-ADM-23-001.pdf
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Arthur Boing and Kyle Wong.
14. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 1-11-2023.pdf
It is recommended that the City Council receive and file this report.
15. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-002.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.
7. REDUCTION OF ADDITIONAL SURETY BONDS, TRACT 18020 – LOMA VISTA/ MELIA HOMES, LENNAR
1. Surety Bonds Reduction TR18020_Loma Vista (Lennar) - CC-PW-23-007.pdf
2. Attachment 1 - Vicinity Map TR18020.pdf
Moved by
Campbell
Seconded by
Hernandez
It is recommended that the City Council authorize the City Clerk to release 75 percent of the On-site Private Improvement bond.
AYES (4)
Hernandez, Haney, Campbell, and Lim
ABSTAINED (1)
Rodriguez
CARRIED (4 to 0)
9. APPROVE AN ANNEXATION ENGINEER’S REPORT, DECLARATION OF INTENT TO BALLOT AND ASSOCIATED PROCEEDINGS FOR ANNEXATION AND ESTABLISHMENT OF ASSESSMENTS FOR LMAD ZONES – ANNEXATION TERRITORY TRACT 17341 (CIELO VISTA DEVELOPMENT)
1. LMAD Annex. and Assessment Est.– Cielo Vista (TM17341) - CC-PW-23-006.pdf
2. Attachment 1 - Resolution 2023-5836.pdf
3. Attachment 2 - Resolution 2023-5837.pdf
4. Attachment 3 - Resolution 2023-5838.pdf
5. Attachment 4 - Vicinity Map.pdf
6. Attachment 5 - Annexation Engineers Report.pdf
Mayor Pro Tem Campbell asked for clarification as to whether the Cielo Vista Development understood the area would be joining the City's Landscape Management Assessment District (LMAD).
City Attorney Litfin said Cielo Vista was part of the County and wanted to join the City of Yorba Linda, therefore, the City entered into a Pre-Annexation Agreement with the Development with the understanding to join the LMAD through a Prop 218 vote. He said this Prop 218 differs in that prior Prop 218 votes pertained to the City seeking to raise assessment amounts.
Mayor Pro Tem Campbell said this Prop 218 is not to increase a Zone's assessment but rather to add this property to the Zone's LMAD. City Attorney Litfin said it would potentially add the Development to Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K within the Yorba Linda Street Lighting and LMAD, which would bring in 75 more homes, along with their assessment dollars and would help fund all of those zones, benefiting those currently in the Zone by spreading the cost.
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council: 1.) Adopt proposed Resolution No. 2023-5836, authorizing the annexation of Tract No. 17341 (Cielo Vista Development) into the Landscape Maintenance Assessment District (LMAD) and initiating proceedings to levy a proposed new or increased assessment for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K within the Yorba Linda Street Lighting and LMAD, commencing Fiscal Year 2022/2023; and 2.) Adopt proposed Resolution No. 2023-5837, approving the Annexation Engineer’s Report regarding the proposed new or increased assessment for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K within the Yorba Linda Street Lighting and LMAD for Fiscal Year 2022/2023; and 3.) Adopt proposed Resolution No. 2023-5838, declaring its intention to ballot property owners for a proposed new or increased assessment within the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K of the Yorba Linda Street Lighting and LMAD commencing with Fiscal Year 2022/2023, setting a time and place for a Public Hearing, and authorizing staff to proceed with the balloting procedures.
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 Mark Pulone responded to Mr. de Bruijn's comment regarding the recently implemented residential organics program. He spoke of the new rules and reminded residents about the three helpful stickers Republic Services issued to place on trash bins as reminders. He acknowledged Mr. de Bruijn's concerns and suggested that he contact Project Manager Colleen Callahan. Mr. Pulone said Republic Services has been auditing program compliance in the City and has reported that compliance is going well. Lastly, he said Republic Services does offer compost bins at a fee. City Manager Pulone said he was not aware of speeding on Esperanza Road and urged Mr. Mary to discuss his suggestions with Traffic Commission as well. Captain Walehwa said police services have completed several traffic stops in that area within the last few months, but they will look into targeting the problem. City Manager Pulone thanked Mr. Singh for his comments on the vacation home check program and urged other residents to utilize the service when away. He concluded by saying that staff will soon begin working with the community to discuss a plan on how to move forward with the housing element and said the City has referred Ms. Echavarria to the County of Orange for more affordable housing options.
City Attorney Litfin stated that Councilman Rodriguez had intended to recuse himself from Consent Calendar Item No. 7 and asked for a motion to reconsider the Council's approval of Item No. 7, and then vote on Item No. 7 separately so he can recuse himself for the record.
Moved by
Hernandez
Seconded by
Campbell
To reconsider Consent Calendar Item No. 7.
AYES (4): Campbell, Haney, Hernandez, Lim
ABSTAINED (1): Rodriguez
CARRIED (4 to 0)
Council then voted on Consent Calendar Item No. 7 separately and Councilman Rodriguez abstained.
Councilwoman Beth Haney attended the Senior Volunteer Recognition Luncheon on Saturday and said volunteers have donated over 10,000 hours of their own time. She added that she was very proud of the organization and all of the volunteers.
Councilwoman Janice Lim introduced two interns who will be working with her, Ryan Schwartz from Valencia High School and Timothy Suh from Georgetown University. She attended a newly elected officials training with the Association of California Cities Orange County and said the Richard Nixon Foundation commemorated President Nixon’s 110th birthday on January 9th. She concluded by announcing Pat Nixon Day of Service on March 16th, Love Yorba Linda Saturday, April 29th, and a Lunar New Year Celebration at the Richard Nixon Presidential Library and Museum on Monday between 5:00 - 7:00 p.m.
Councilman Rodriguez urged small businesses needing a permit or that have input regarding policy impacts with South Coast Air Quality Management District to attend the Local Government Small Business Advisory Group monthly meetings held on the first Friday of every month. He said he serves as Chair of the Advisory Group and would welcome all input. He announced that Senator Vanessa Delgado was elected as the new Chair for AQMD and said she is the first Latina to be elected to this leadership position. He congratulated Thomas Ranch Elementary for its great production of Matilda in which his daughter was involved.
Mayor Pro Tem Campbell said she would like to see the speeding issue along Esperanza Road on the Traffic Commission agenda for evaluation of possible solutions. She echoed the comments made by Councilman Rodriguez regarding the production of Matilda and said she also attended a performance by Yorba Linda Spotlight at the Arts Center Black Box Theatre. She thanked all the seniors who volunteer their time to help with many events and activities with the Parks and Recreation Department.
Mayor Hernandez spoke of Yorba Linda Police Service's Business Watch program, a free crime prevention program that enlists the active participation of business owners in cooperation with law enforcement with the goal of preventing crime. He said the program is modeled after the nationwide Neighborhood Watch program and spoke of its many benefits. He encouraged businesses to visit the City website to register. He also urged business owners to contact the Crime Prevention Specialist at 714-779-7098 to learn more. Mayor Hernandez stated that they held interviews on Monday, January 9th for the Library and Planning Commission vacancies. Council appointed Ryan Bent and James Granitto to serve on the Library Commission and Don Bernstein, Nathaniel Behura, and Michael Masterson to the Planning Commission. He concluded by sharing that he has identified two of the first Unsung Hometown Heroes for the months of January and February who will be recognized at a future Council meeting.
ADMINISTRATIVE REPORTS
16. FISCAL YEAR 2022/23 FIRST QUARTER BUDGET UPDATE
1. FY22.23 First Quarter Budget Update - CC-FIN-23-002.pdf
2. Attachment 1 - FY 22-23 Budget Adjustment Listing.pdf Finance Director Dianna Honeywell shared a brief PowerPoint presentation of the FY 2022/23 first quarter update. She said the current budget was adopted June 15, 2021 and was updated for mid-term adjustments on June 21, 2022 with a projected surplus of $1,001,151 in the General Fund. She said there are no significant changes projected for the first quarter of FY 2022/23 and the projected General Fund surplus is now $589,721. Director Honeywell said the mid-year budget will be presented to Council at the February 21, 2023 meeting, and the FY 23/24 & FY 24/25 Two-Year Budget kick-off meeting with the executive team will be in February with hopes of presenting the Two-Year budget to Council June 6, 2023.
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council receive and file the attached list of line-item budget transfers and supplemental budget appropriations for the first quarter of FY 2022/23 (Attachment 1), as required by City Council Policy F-4 – Supplemental Budget and Line-Item Transfers.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
OTHER BUSINESS
17. MISS YORBA LINDA SCHOLARSHIP PROGRAM REQUEST (HERNANDEZ)
1. Miss Placenita and Miss Yorba Linda Scholarship (Hernandez).pdf Mayor Hernandez said the City has donated to the Miss Placentia and Miss Yorba Linda Scholarship program in recent years and expressed his desire to match last year's $2,000 donation amount.
Susan Wan-Ross, Yorba Linda Chamber of Commerce and Peggy LaCroix, Co-Executive Director for Miss Yorba Linda spoke about the program and its lasting impacts on these young women.
Moved by
Hernandez
Seconded by
Haney
It is recommended that the City Council make a scholarship contribution of $2,000.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 7:55 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on February 7, 2023.