Council Meeting - March 07, 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) (3 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)
City Attorney Litfin stated that Councilwoman Lim and Councilman Rodriguez recused themselves from one case under Anticipated Litigation, Initiation of Litigation due to a potential conflict of interest.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:31 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
Councilwoman Beth Haney
INVOCATION
Deacon Denis Zaun, St. Martin De Porres Catholic Church
CLOSED SESSION REPORT
City Attorney Litfin stated that Councilman Rodriguez and Councilwoman Lim recused themselves from one case under Anticipated Litigation, Significant Exposure to Litigation and one case under Anticipated Litigation, Initiation of Litigation.
Mayor Gene Hernandez said the City and City Council take all complaints regarding ethics violations very seriously. In conformance with the City's ethics ordinance, the complaints received were forwarded to the City's Special Counsel and District Attorney for investigation and potential enforcement. He said the City considers the matter concluded.
Special Legal Counsel Steven Miller, Hanson Bridgett LLP, summarized the complaints submitted by Ryan Bent against Councilmembers Rodriguez and Lim and said there were five potential violations against Councilmember Rodriguez and one against Councilwoman Lim. The investigation determined the following:
As to the allegations against Councilman Rodriguez, the investigation sustains 3 allegations and finds that Councilman Rodriguez violated Yorba Linda Municipal Code (YLMC) sections §2.44.010, 2.44.030, and 2.44.040 as to the Association of Orange County Deputy Sheriffs. The investigation does not sustain 2 allegations and finds that Councilman Rodriguez did not violate sections §2.44.020 and 2.44.040 as to the International Association of Firefighters Local 3631.
As to the allegations against Councilwoman Lim, the investigation sustains 1 allegation and finds that Councilwoman Lim violated section §2.44.040 as to the Association of Orange County Deputy Sheriffs.
The City Council has reviewed and accepted the findings of the investigation. Pursuant to YLMC section §2.44.110, the complaints have been forwarded to the District Attorney for any further investigation and potential enforcement. The City will provide Councilman Rodriguez, Councilwoman Lim and Mr. Bent a copy of its findings and the City has decided to take no further action.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF UNSUNG HERO SYDNEY ROGERS
Mayor Hernandez invited Sydney, Yorba Linda's Unsung Hero for the month of March to the podium. Sydney is just 10 years old and for the last two years, she has managed her own recycling program that gives back to the community in a big way. Every Thursday, she visits her neighbors to collect recyclables and then sells them to her local recycling facility. She then uses half of the proceeds to create care baskets for local firefighters and sheriff deputies. Mayor Hernandez said that last year, Sydney collected over $1,800 and her goal is to collect over $2,000 this year.
Mayor Hernandez commended her for her dedication and presented her with a certificate of recognition. Sydney spoke briefly about her recycling efforts and thanked Council for the recognition and the community for their support.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA The following individuals expressed their concerns with Consent Calendar Item No. 7 - Consultant Services Contract with FM3 Research Associates, Inc., and the housing element: Donald LaCommare, Janice Morger, Ellen Grau, Margaret Thurston, Ed Gunderson, Pete Friedrich, and Kristine Dane.
Marek Suchenek, resident, expressed his concerns with Consent Calendar Item No. 6. - Second Reading of Ordinance No. 2023-1106.
Nakul Rao, United States Army Cadet, spoke of the U.S. Army recruitment crisis and provided his contact information for those interested in serving.
Gisele Nguyen, resident, spoke about the REACH Foundation and invited the Community to the 11th Annual ShamRock n' Run on March 19th at Yorba Regional Park.
Anita Hynds, resident, made a recommendation to Parks and Recreation for a spring festival such as a strawberry or corn festival. She also spoke of the need for a new City-owned City Hall rather than renting the current building.
Diane Kanne, resident, encouraged the approval of Consent Calendar Item No 7, and the use of focus groups to find consensus among residents. She said this would help the City avoid Builder's Remedy and she volunteered to participate.
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.
City Manager Mark Pulone said that based on correspondence received earlier in the day and comments during the meeting, it is the staff's recommendation to pull Consent Calendar Item No. 7 from the agenda to revisit the scope.
Council spoke about Consent Calendar Item No. 7 and said the City is part of a lawsuit with the Orange County Council of Governments to fight the housing allocations imposed and said the intent of this item was to gather information and see how outreach could improve. Council also echoed the comments made regarding Savi Ranch and is supportive of including that site, but not all required units can be designated to that location.
City Attorney Litfin explained what could happen if a City does not have a certified Housing Element and explained Builder's Remedy. He cautioned that if a plan does not get approved in 2024 the City will lose local control.
Moved by
Hernandez
Seconded by
Haney
It is recommended that the City Council approve the Consent Calendar with the removal of Consent Calendar Item No. 7.
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 – MARCH 7, 2023
1. AP Check Register - 3-7-23 - CC-FIN-23-010.pdf
2. Attachment 1 - AP Check Register 3-7-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated March 7, 2023, in the amount of $1,760,125.90.
3. APPROVAL OF THE MINUTES OF THE FEBRUARY 21, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Feb21_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 21, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Feb28_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 28, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. TREASURER’S REPORT – DECEMBER 2022
1. Treasurers Report - Dec 2022 - CC-FIN-23-011.pdf
2. Attachment 1 - Treasurers Report - Dec 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. SECOND READING OF ORDINANCE NO. 2023-1106 ZONING CODE AMENDMENT 2023-01 TO AMEND CH 18.20, ARTICLE IX OF THE ZONING CODE TO MODIFY REGULATIONS FOR ACCESSORY DWELLING UNITS
1. 2nd Reading Ord No. 2023-1106 (ZCA 2023-01 ADUs).pdf
2. Exhibit A to Ord No 2023-1106.pdf
It is recommended that the City Council adopt
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.
8. BUDGET APPROPRIATION FOR SMALL BUSINESS RELIEF GRANT PROGRAM
1. Budget Appropriation for Small Business Grant Program - CC-ADM-23-006.pdf It is recommended that the City Council approve a budget appropriation in the amount of $150,000 towards the Community Development Block Grant Program for Small Business Relief.
9. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-005.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
7. CONSULTANT SERVICES CONTRACT WITH FM3 RESEARCH ASSOCIATES, INC.
1. FM3 Research Contract - CC-CD-23-005.pdf
2. Attachment 1 - FM3 Consultant Services Agreement.pdf
3. Attachment 2 - Proposal and Scope of Services.pdf
It is recommended that the City Council approve the attached Consultant Services Agreement with FM3 Research Associates, Inc. (FM3) for the public opinion research assistance related to the 2021-2029 General Plan Housing Element.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone did not have a report.
Councilwoman Haney attended the Orange County Business Council Annual Dinner and Awards Ceremony with the Transportation Corridor Agency (TCA). She said a new UCI health center and hospital and a City of Hope are coming to Orange County, and shared that new housing communities are being built at the Great Park in Irvine.
Councilwoman Lim toured the North Spa Navigation Centers in Placentia and Buena Park on February 14th. She said she will continue to work with the faith-based community and other non-profits to find more resources, services and funding for homelessness. Also on February 14th, she and Mayor Pro Tem Tara Campbell attended the Orange County Taxpayers Association and on February 25th they attended the Placentia Yorba Linda Girls Softball Association. She said Mayor Pro Tem Campbell gave an incredibly inspirational speech to the players. Councilwoman Lim reported that the Southern California Gas Company is offering low-income family programs and encouraged the community to visit their website to learn more. She said on March 4th she attended the Orange County Fire Authority Open House in Irvine with Division Chief Scott Wiedensohler and many other local elected officials.
Councilman Rodriguez said the Orange County Council of Governments recently held a webinar about Builder's Remedy where he had the opportunity to learn more. He said the South Coast Air Quality Management District received a clean fuels report last week showing the cumulative efforts to clean the air in the Southern California region. He spoke of the funds used in these efforts and some of the projects the funding went towards, including a microgrid project at UC Irvine and electric buses.
Mayor Pro Tem Campbell participated in Read Across America Week at Travis Ranch Elementary School and toured the Navigation Centers with Councilwoman Lim. She said the Buena Park shelter has 150 beds and is almost at capacity. She said she and Councilwoman Lim kicked off the girl's softball season with the Placentia Yorba Linda Girls Softball Association and said there are 400 athletes that are eager to play this season.
Mayor Hernandez announced the Senior Citizen Wellness Week in partnership with UCI Health happening now through Friday, March 10. He said during the week, there will be seminars and activities dedicated to promoting the health and wellness of local senior citizens. The physician-led lectures and screenings will be offered at the Yorba Linda Community Center and there will be free snacks, water, and daily raffle prizes. He said the first 120 participants will receive a free t-shirt. Mayor Hernandez said participation is free and does not require pre-registration, he encouraged those interested to call the Community Center for details. Mayor Hernandez also shared that Love Yorba Linda day is returning Saturday, April 29th and asked those interested in volunteering during this community-wide service, to visit loveyorbalinda.org for more information.
ADMINISTRATIVE REPORTS
10. FISCAL YEAR 2022/23 MID-YEAR BUDGET UPDATE
1. FY 22.23 Mid-Year Budget Update - CC-FIN-23-008.pdf
2. Attachment 1 - Mid-Year Budget Requests.pdf
3. Attachment 2 - FY 22-23 Budget Adjustment Listing 2nd Quarter.pdf
4. Green Sheet - Mid-Year Budget Staff Report and Attach 3.pdf Finance Director Dianna Honeywell provided a PowerPoint presentation with an overview of the 2022/23 mid-year budget. She said the mid-year budget shows an increase in the projected budget surplus to $730,000 in the General Fund for fiscal year 2022-23. She provided General Fund Revenue and Expenditure updates, and requested mid-year personnel changes which include three changes to existing staff classifications and one new classification for a Permanent Part-time Senior Library Page. She covered adjustments to LMAD, Library, Miscellaneous Grant and SB-2 Funds and concluded with mid-year projections and staff recommendations.
City Attorney Litfin stated that Resolution No. 2023-5841 was received as a green sheet and includes the changes Director Honeywell mentioned in her report.
Moved by
Haney
Seconded by
Rodriguez
It is recommended that the City Council: 1.) Approve adjustments to the fiscal year 2022/23 operating budget as shown in the staff report; 2.) Receive and file the attached list of line-item budget transfers and supplemental budget appropriations for the first two quarters of the fiscal year (Attachment 2), as required by City Council Policy A-15 – Supplemental Budget and Line-Item Transfers; and 3.) Adopt Resolution No. 2023-5841 relating to the classification, compensation, and terms of employment of Miscellaneous and Mid-Management employees and amending Resolution No’s. 2021-5773 and 2021-5774.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
11. 2021-2022 BLACK GOLD GOLF CLUB FISCAL YEAR IN REVIEW
1. Black Gold Golf Club Fiscal Year in Review - CC-PR-23-006.pdf Parks and Recreation Director Mike Kudron invited Rich Cessna, Black Gold General Manager to provide the 2021-2022 review. Mr. Cessna shared a PowerPoint presentation and discussed the state of the golf industry, revenue improvements and expenditure challenges for Black Gold. He provided statistics on rounds played, which totaled 64,716 in FY 21/22 and marketing for the golf course, including working with ESPN LA 710 to host ESPN Radio Programs from Black Gold, host ESPN Golf Events and staff interviews.
Parks and Recreation Director Mike Kudron discussed the two recommendations proposed by staff for Council's action. He said the establishment of a capital reserve fund would help fund projects such as the replacement of the golf course irrigation system, expanding the restaurant patio, and potential upgrades to the driving range.
Stewart Rixson, former Parks and Recreation Commissioner, said golf courses have been very busy and often have long waitlists. He said he didn't understand why the golf course in Diamond Bar closed.
Richard de Bruijn, resident, said he has been following Black Gold Golf Club since 1999 and congratulated staff on the vast improvements since then. He requested an analysis on outstanding liabilities.
Moved by
Campbell
Seconded by
Haney
It is recommended that City Council: 1.) Appropriate $540,000 of Black Gold Golf Club FY 21/22 profits toward repayment of the golf course debt and, 2.) Authorize staff to establish a capital reserve fund for Black Gold Golf Club and appropriate a transfer in the amount of $511,688 to the fund.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 8:35 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on March 21, 2023.