Council Meeting - February 21, 2023
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)
City Attorney Todd Litfin stated that Councilwoman Janice Lim and Councilman Carlos Rodriguez recused themselves from one case under Anticipated Litigation, Significant Exposure to Litigation due to a potential conflict of interest.
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section 54956.9(d)(4) (1 Case)
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Margo Day v. County of Orange, et al.
Case Number: 30-2020-01153798-CU-PO-CJC, Orange County Superior Court
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 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
City Manager Mark Pulone
INVOCATION
Pastor Anne-Grethe Krogh Nielsen, The Danish Lutheran Church & Cultural Center
CLOSED SESSION REPORT
City Attorney Litfin stated that Councilwoman Lim and Councilman Rodriguez recused themselves from one case under Anticipated Litigation, Significant Exposure to Litigation due to a potential conflict of interest and there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
INTRODUCTION OF STAFF MEMBER OCSD SGT. MATT PARRISH
Chief of Police Services Captain Joses Walehwa introduced Sgt. Matt Parrish to Council. He said Sgt. Parrish is the new sergeant for Yorba Linda, following the reassignment of Sgt. Justin Chevalier. Captain Walehwa spoke of Sgt. Parrish's experience and Council welcomed him to the Yorba Linda team.
Captain Walehwa also announced that tomorrow, Deputy Amie Giusiana will promote to the rank of sergeant. He said she has served the City of Yorba Linda since 2016. Council congratulated Deputy Giusiana on her promotion and thanked her for her hard work.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Gabriella Rollins, Yorba Linda Arts Alliance Foundation Director, shared a calendar of upcoming events with Council. She provided an update on the Foundation and said this is the last week of their Watercolor Exhibit at Caduceus Medical Group at the Packing House. Thursday at 6:00 p.m. they will have a meet and greet with the artists and in March, a Digital Art and Photography Exhibit will be on display. She spoke of the Student Art Ambassador Program and urged those interested to attend the Foundation's meetings and events.
Anthony Johnson, Yorba Linda Chamber of Commerce Foundation President, spoke about the Foundation's upcoming events, including Principal for a Day on March 22nd, First Responders Appreciation Breakfast on Wednesday, April 5th and said proceeds will go towards the Art Brice Memorial Scholarship fund. He encouraged the community to visit ylccfoundation.org for more information.
CONSENT CALENDAR
Mayor Gene 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.
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council approve the Consent Calendar.
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 – FEBRUARY 21, 2023
1. AP Check Register 2-21-23 - CC-FIN-23-007.pdf
2. Attachment 1 - AP Check Register 2-21-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated February 21, 2023, in the amount of $1,758,131.01.
3. APPROVAL OF THE MINUTES OF THE FEBRUARY 2, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Feb02_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 2, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
4. APPROVAL OF THE MINUTES OF THE FEBRUARY 7, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Feb07_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 7, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. APPROVAL OF THE MINUTES OF THE FEBRUARY 7, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Feb07_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 7, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
6. AUTHORIZATION TO BEGIN PREPARATIONS FOR THE 2023 JULY 4TH FIREWORKS SHOW
1. Authorization For 2023 July 4th Spectacular - CC-PR-23-004.pdf
2. Attachment A - Production Agreement.pdf
It is recommended that the City Council direct staff to initiate planning efforts for the 2023 July 4th Fireworks Show and authorize staff to execute payment to Pyro Spectaculars, Inc. in an amount not-to-exceed $31,135.
7. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-004.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
PUBLIC HEARINGS
8. PUBLIC HEARING REGARDING 2022 WEED ABATEMENT ASSESSMENT OF LIENS
1. Weed Abatement Assessment of Liens - CC-CD-23-003.pdf
2. Attachment 1 - Property Location Exhibit.pdf
3. Attachment 2 - Res No. 2023-5869.pdf
4. Attachment 2 - Resolution Exhibit A.pdf
a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Senior Community Preservation Officer Mary Lewis provided a staff report on the item. She said this is the last step of the multi-step 2022 Weed Abatement Program. She provided a brief overview of the 2022 efforts and reported that staff was not successful in obtaining compliance on one parcel. If City Council approves Resolution 2023-5839, staff will seek reimbursement of abatement costs by placing a lien on the property. 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 conduct a public hearing, and following the closure of the hearing, adopt Resolution No. 2023-5839 confirming the attached report regarding the costs of abatement of weeds, rubbish, refuse and dirt on or in front of certain property in the City and impose special assessments as liens on said property.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
9. ZONING CODE AMENDMENT 2023-01 FOR AMENDMENT TO CHAPTER 18.20, ARTICLE IX OF THE YORBA LINDA ZONING CODE TO MODIFY REGULATIONS FOR ACCESSORY DWELLING UNITS PURSUANT TO STATE LAW
1. ZCA 2023-01 ADUs - CC-CD-23-004.pdf
2. Attachment 1 - 18.20 Special Uses and Conditions - Redline.pdf
3. Attachment 2 - Planning Comm. Res.pdf
4. Attachment 3 - Ord No. 2023-1106 (ZCA 2023-01 ADUs).pdf
5. Attachment 4 - Exhibit A to Ord No 2023-1106.pdf
a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Community Development Director David Brantley shared a summary of the changes reflected in the proposed ordinance in response to new state law. He said the proposed ordinance helps the City retain as much local control as permitted. Unlike the existing State law, the ordinance provides additional control on building height, landscape and lot coverage requirements and limits the number of ADUs allowable per property. It also limits the size and number of bedrooms, includes parking and owner-occupancy provisions and excludes their use for short-term rental purposes.
Planning Manager Nate Farnsworth added that two major changes in response to legislative bills Senate Bill 897 and Assembly Bill 2221, relate to building height and setbacks. He discussed the significant concerns with the provisions of these new laws and said that without the approval of the ordinance, state legislation would prevail. c. Take Testimony
Marek Suchenek, resident, expressed his opposition to Zoning Code Amendment 2023-01. d. Close Public Hearing - Mayor Hernandez closed the public hearing. e. Make Determination
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council conduct a public hearing to introduce for first reading Zoning Code Amendment 2023-01 through Ordinance No. 2023-1106 to amend Chapter 18.20, Article IX of the Yorba Linda Zoning Code to modify regulations for accessory dwelling units (ADUs) pursuant to State law.
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 Mayor Hernandez said little league commenced this past weekend and stated that he attended the inaugural Butterfly Garden & Natives event with The Art & Wilderness Institute's Flora and Fauna Club with the Islamic Center of Yorba Linda (ICYL) on February 18th. He spoke of plants that are beneficial for conservation and Aslam Dada, with the ICYL said the Center's objective is to go green and educate the congregation on conservation. Mayor Hernandez and Councilwoman Lim attended a critical mass shooting training at the Orange County Sheriff's Department training center geared toward elected officials. Mayor Hernandez spoke of the unsung heroes recognitions he will be presenting each month and urged the community to contact the City's communications division to recommend deserving residents. He shared that the City recently was recognized as the seventh Safest City in California for crime and quality of life on the Top 10 Safest Cities in California list. The City also received additional accolades for its award-winning schools, state-of-the-art library, public infrastructure and quality of life. He thanked law enforcement for their tremendous work in keeping the community safe. Mayor Hernandez concluded his comments by reminding residents that both the Parks and Recreation Department and Library offer a variety of fun classes, programs and events. He encouraged the community to visit the City website to learn more about what's happening around Yorba Linda.
Mayor Pro Tem Tara Campbell wished a happy 111th birthday to the Yorba Linda Woman's Club and thanked all the incredible women who have given back to the community. She announced their craft fair on March 11 - 12th at the Community Center.
Councilwoman Lim toured the Yorba Linda Public Library and shared some impressive statistics. She met with Spectrum to discuss broadband and coverage issues in Yorba Linda and will be touring the North SPA Navigation Centers in Buena Park and Placentia with Abigail
Fachtmann, Field Representative for U.S. Representative Young Kim and local church leaders to discuss homelessness in Orange County. Councilwoman Lim concluded her comments by reminding seniors about the TRAILS (Taking Retired Adults Into Local Services) service and the senior meals and wellness programs through Parks and Recreation.
Councilwoman Beth Haney stated that she is serving as Director on the Foothill/Eastern Board of the Transportation Corridor Agency (TCA) and they recently approved a phone system cloud migration contract authorization. The cloud-based platform for TCA phones will increase efficiency and said customer-sensitive information will not be stored on the cloud. She announced upcoming closures on the SR-91 fwy and encouraged residents to visit rctc.org to stay informed.
Councilman Rodriguez spoke about outdoor youth sports and South Coast Air Quality Management District's (AQMD) clean air efforts. He stated that he was appointed as Chair of the Technology Committee for the District, he also announced the 8-week South Coast Air Quality Management District Governing Board Summer Internship Program open to college students. The application deadline is March 17th.
City Manager Pulone reminded residents that the Bastanchury Road widening between Casa Loma and Eureka Avenue is underway and reminded motorists to drive cautiously.
ADMINISTRATIVE REPORT
10. ADVENTURE PLAYGROUND OPERATING GUIDELINES
1. Adventure Playground Operating Guidelines - CC-PR-23-005.pdf
2. Attachment A - Operating Guidelines.pdf
3. Attachment B - Master Plan.pdf
4. Attachment C - Y.L.M.C 12.20.pdf
5. Attachment D - Site Plan.pdf
Parks and Recreation Director Mike Kudron provided a PowerPoint presentation on the Adventure Playground renovation and said construction completion is anticipated by the end of March or early April. He spoke of the Adventure Playground Master Plan and provided an overview of the planned year-round use and anticipated summer programming. He discussed the proposed operating guidelines which take into consideration the school year calendar.
Richard de Bruijn, resident, inquired if small children will require an adult chaperone, if animals will be allowed and about emergency response.
Director Kudron indicated that children 10 years and younger will require an adult, no animals will be allowed and staff is proposing to have staff onsite equipped with first-aid kits for use when needed. Only service animals will be allowed.
Moved by
Haney
Seconded by
Campbell
It is recommended that
the City Council approve the operating guidelines for Adventure Playground (Attachment A).
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 7:46 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on March 7, 2023.