Council Meeting - March 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) (4 Cases)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: APNS: 323-231-24, 334-331-01, 03, 04, 05, 323-521-47, 322-221-01, 03, 18, 19, 20, 21, 22 and 322-331-03 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 5:31 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 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
City Attorney Todd Litfin
INVOCATION
Pastor Joshua Holiday, Calvary Chapel of Yorba Linda
CLOSED SESSION REPORT
City Attorney Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
ORANGE COUNTY SENIOR TRANSPORTATION OPTIONS BY JOANNE JACOBSEN, OCTA TRANSPORTATION COORDINATOR Mayor Gene Hernandez invited Joanne Jacobsen, Senior Community Transportation Coordinator with OCTA to the podium. She provided a PowerPoint presentation, overviewing the Senior Mobility Program and said each City designs a program for residents of their City. She said seniors can sign up through their local senior center and trips do not go outside of Orange County. Ms. Jacobsen said Yorba Linda's Taxi Program allows senior riders to travel for $1 per trip. She spoke about Senior Non-Emergency Medical Transportation, available to all residents over 60 years and older, and said the transportation providers are Abrazar and Age Well. She also talked about their Transit Training program which teaches individuals how to safely use public transportation in multiple languages. Her presentation also highlighted the OC 211Ride web-portal, a free online trip-planning program, and Go Go Grandparent which is an Uber option and does not require a smartphone.
LOVE YORBA LINDA PROCLAMATION
Mayor Hernandez invited Parks and Recreation Chair Rachel McLure and Traffic Commissioner Anthony Johnson to the podium. He said Love Yorba Linda is a community-wide service day where volunteers come together to engage in a variety of projects to help beautify the community. He said in 2022, over 1,200 volunteers completed 50 service projects at local schools and recreational areas at no cost. Mayor Hernandez presented the Commissioners with a proclamation declaring Saturday, April 29th as "Love Yorba Linda Day".
ANNUAL REPORT OF LAW ENFORCEMENT SERVICES BY CHIEF OF POLICE SERVICES, CAPTAIN WALEHWA Chief of Police Services Captain Joses Walehwa provided a PowerPoint presentation on law enforcement updates for the 2022 year. He discussed the number of deputies assigned to the City, calls for service which were 20,037, up 2,449 from 2021, and response times. Captain Walehwa provided statistics on crime, arrest, and traffic data for the year and provided an overview of some significant arrests throughout the City. He also discussed drug arrests, DUI/traffic enforcement, community engagement, social media safety tips and concluded by acknowledging Yorba Linda's Police Services Deputy of the Year for 2021-2022 Deputy A. Mott and spoke of what's ahead in 2023.
INTRODUCTION OF NEW STAFF MEMBER, MELISSA TOMIKEH, CITY CLERK SPECIALIST City Manager Mark Pulone introduced Melissa Tomikeh, the City's new City Clerk Specialist and said she is joining the City full-time after having worked a year as an Office Specialist part-time.
The Mayor and City Council welcomed Melissa to the Yorba Linda family.
INTRODUCTION OF NEW STAFF MEMBER, TRAVYS DIZOL, COMMUNITY PRESERVATION OFFICER Lastly, City Manager Pulone introduced Travys Dizol, the new Community Preservation Officer for the City. He said Travys previously worked for the City of Laguna Nigel for five years and spoke briefly about his background.
The Mayor and City Council welcomed Travys to the team.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Richard de Brujin, resident, spoke about the State's housing mandates and the City's failed Measure Z on the November 2022 ballot as well as coming revisions for the 2024 ballot.
Matthew Holbrook, spoke about the Fuel Reduction Plan, specifically site two and asked that Council direct staff to save some of the eucalyptus trees rather than taking them all out of the area.
Jeff Jensen, resident, also expressed concerns with the removal of the trees. Though he understands wildfire concerns, he urged Council to leave some of the trees and said their removal would make the area less desirable.
Tom Lindsey, Yorba Linda Water District Director, spoke about the significant rainfall which has helped replenish water supply to improve the State's drought conditions. He said the recent storms have led to an increase in reservoirs but stressed the continued importance of water conservation and the need to invest in infrastructure.
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. Mayor Hernandez also pulled Item No. 7, the Award of Public Works Construction Contract for the FY 2022-23 Annual Pavement Preservation Project (APPP) from the Consent Calendar.
Mayor Pro Tem Tara Campbell stated she will move the remainder of the Consent Calendar with the acceptance of the green sheet for Item No. 5, amending Table D, and that the only documents to be sent as part of the General Plan Annual Progress Report are Tables A - D.
City Attorney Litfin said that three Councilmembers have a potential conflict of interest due to the location of their homes and the APPP Zones. However, under Section 18705(a) - Legally Required Participation, a public official may participate only if there exists no alternative source of decision for that legislative body, and the minimum number of Councilmembers (quorum) participates in the vote. Mr. Liftin explained that the Councilmembers will draw straws to determine which three out of the five will participate and the Councilmember with the shortest straw will participate in the item.
Following the draw, it was determined that Mayor Hernandez and Councilwoman Janice Lim would not participate in Consent Calendar Item No. 7, and they recused themselves from the meeting at 7:26 p.m after voting on the remainder of the Consent Calendar. Councilman Carlos Rodriguez drew the shortest straw and would participate in the item.
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council approve the Consent Calendar with the acceptance of the revisions to the General Plan Annual Progress Report for Consent Calendar Item No. 5 and 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 21, 2023
1. AP Check Register 3-21-23 - CC-FIN-23-012.pdf
2. Attachment 1 - AP Check Register 3-21-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated March 21, 2023, in the amount of $1,887,043.87.
3. APPROVAL OF THE MINUTES OF THE MARCH 7, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Mar07_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the March 7, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – JANUARY 2023
1. Treasurers Report - Jan 2023 - CC-FIN-23-013.pdf
2. Attachment 1 - Treasurers Report - Jan 2023.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. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
1. 2022 General Plan Annual Progress Report - CC-CD-23-006.pdf
2. Attachment 1 - 2022 Annual Progress Report.pdf
3. Green Sheet Attachment 1 - 2022 Annual Progress Report.pdf It is recommended that the City Council approve the General Plan Annual Progress Report (APR) for 2022 and authorize staff to send the APR to the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) in compliance with Government Code Section 65400.
6. ADOPTION OF RESOLUTION NO. 2023-5842 INITIATING PROCEEDINGS RELATIVE TO LEVYING ANNUAL STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) ASSESSMENTS FOR FISCAL YEAR 2023/2024
1. Engineer's Report 2023-24 Initiation - CC-PW-23-008.pdf
2. Attachment 1 - Resolution No. 2023-5842.pdf
3. Attachment 2 - Amend No. 1 Willdan Financial Services.pdf It is recommended that the City Council: 1.) Adopt proposed Resolution No. 2023-5842, initiating proceedings to levy annual assessments for Fiscal Year 2023/2024 for the Street Lighting and Landscape Maintenance Assessment District (LMAD), and ordering the Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code); and 2.) Approve Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services (No. 21220097) in an amount of $40,500; and 3.) Authorize the City Manager to sign and execute the above-listed amendment on behalf of the City Council.
8. APPROVAL OF AMENDMENT NO. 1 - YMCA OF ORANGE COUNTY- SWIM LESSON INSTRUCTION AND LIFEGUARDING SERVICES
1. Amend No 1. YMCA Swim Lessons and Lifeguard Svcs - CC-PR-23-008.pdf
2. Attachment 1 - Professional Services Agreement.pdf
3. Attachment 1 - Amendment No. 1.pdf
It is recommended that City Council approve Amendment No.1 to the March 17, 2022, Agreement with YMCA of Orange in the amount of $125,000 extending services through March 30, 2024.
9. APPROVAL OF AMENDMENT NO. 2 – SENIOR MOBILITY PROGRAM CABCO YELLOW INC.
1. Senior Mobility Prog. Change Order and Amend. 2 - CC-PR-23-007.pdf
2. Attachment A - Amendment No. 2.pdf
3. Attachment B - SMP Agreement CABCO Yellow Inc. 4-22-21.pdf It is recommended that the City Council: 1.) Approve Change Order No. 1 for Senior Transportation Services Agreement with CABCO Yellow Inc. in the amount of $38,000 that will provide additional funding through May 31, 2023; and 2.) Approve Amendment No. 2 to the April 22, 2021, Agreement with CABCO Yellow Inc. in the amount of $150,000 extending services from June 1, 2023 to May 31, 2024.
10. DENIAL OF CLAIMS FOR DAMAGES – AGUILAR, FITKOWSKI AND MERCURY INSURANCE SUBROGATION FOR MULVIHILL
1. Denial of Claims – Aguilar, Fitowski, Mercury Ins. Mulvihill - CC-ADM-23-008.pdf It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Larry Aguilar, Sophia Fitkowski and Family, and Mercury Insurance Company subrogation for Jamie Mulvihill.
11. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 3-15-23.pdf
It is recommended that the City Council receive and file this report.
12. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-007.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
7. AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2022-23 (ZONES 5/6B) ANNUAL PAVEMENT PRESERVATION PROJECT (SI231003) TO ALL AMERICAN ASPHALT
1. Award of Contract APPP FY 2022-23 - CC-PW-23-010.pdf
2. Attachment 1 - Vicinity Map Zone 5-6B.pdf
3. Attachment 2 - All American Asphalt Agreement.pdf
Following the vote for this item, Mayor Hernandez and Councilwoman Lim rejoined the meeting at 7:28 p.m.
Moved by
Haney
Seconded by
Rodriguez
It is recommended that the City Council: 1.) Approve the plans and specifications for the Fiscal Year 2022-23 Annual Pavement Preservation Project (APPP) SI231003 for Zone 5/6B; and 2.) Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and 3.) Approve a supplemental budget appropriation of $6,436,144.20 from the unappropriated reserves of the Special Reserve Fund (102) with a corresponding increase to the Capital Improvement Program Fund (401) budget for Project SI231001; and 4.) Approve a supplemental budget transfer in an amount of $2,200,000 from the unencumbered APPP Zone 6 Project SI221009 budget, to the APPP Zone 5 Project SI231003 budget; and 5.) Award the public works construction contract to All American Asphalt for the Fiscal Year 2022-23 APPP (Zone 5/6B) in the amount of $11,069,222 and reject all other bids; and 6.) Authorize expenditures of up to $1,106,922.20 (10% of construction contract cost) in contract contingencies for potential additional work and unanticipated work that may arise during the course of construction; and 7.) Authorize the City Manager to sign and execute the above-listed contract, and potential future amendments to these agreements within the designated contingency amounts on behalf of the City Council.
AYES (3)
Rodriguez, Haney, and Campbell
ABSTAINED (2)
Hernandez, and Lim
CARRIED (3 to 0)
PUBLIC HEARING
13. ANNEXATION TERRITORY TR 17341 (CIELO VISTA) PUBLIC HEARING TO TABULATE PROP 218 BALLOTS AND, CONSIDERATION OF RESOLUTION NO. 2023-5843, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FY 22/23 FOR ANNEXATION AND ESTABLISHMENT OF ASSESSMENTS
1. LMAD Annexation and Assess. Est PH Cielo L2K - CC-PW-23-009.pdf
2. Attachment 1 - Res No. 2023-5843.pdf
3. Attachment 2 - Annexation Engineers Report.pdf
4. Attachment 3 - TR 17341 Vicinity Map.pdf
Mayor Hernandez stated that Councilman Rodriguez has a potential conflict on this item due to the location of his property and will recuse himself. Councilman Rodriguez left the meeting at 7:29 p.m. a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Public Works Director / City Engineer Jamie Lai provided a brief PowerPoint presentation overviewing the item. She said the item is pertinent to the Annexation of Tract 17341 Cielo Vista. She spoke briefly of the establishment of associated assessments, ballot process and applicable zones. c. Take Testimony - None
d. Close Public Hearing - Mayor Hernandez closed the public hearing.
RECESS
Mayor Hernandez called a recess at 7:33 p.m. for the opening of the ballots and reconvened the meeting at 7:35 p.m. e. Make Determination
Following the opening of the ballots, Director Lai reported that 100% Yes votes were received and therefore it was determined that a majority protest does not exist.
Moved by
Campbell
Seconded by
Lim
It is recommended that the City Council take the following actions, in order adopt Resolution No. 2023-5843, pursuant to the provisions of the Landscaping and Lighting Act of 1972, annexing and confirming the diagram and assessments for Fiscal Year 2022/2023 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, the overruling of all protests concerning the assessments, and levy of the assessments confirmed herein.
AYES (4)
Hernandez, Haney, Campbell, and Lim
ABSTAINED (1)
Rodriguez
CARRIED (4 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone responded to the concerns by residents regarding the Fuel Reduction Plan and planned tree removals. He said this program is part of grant funding the City received in hopes of making the City better prepared for the upcoming fire season. He said that unfortunately some of the trees in Mr. Holbrook and Mr. Jensen's neighborhood are not very healthy and according to OCFA and arborists, are highly flammable, therefore staff is doing its best to improve those areas. He said in addition to removing some vegetation, they will also be replanting some trees. Mayor Hernandez added that many of those trees have come close to their life span which is also reason to remove them. Public Works Director / City Engineer Lai stressed the importance of 100 feet of defensible space. City Manager Pulone concluded his comments by addressing Mr. de Bruijn's concerns and said the City will determine how to best amend the Housing Element plan that was presented and accepted by HCD while revising it in a way that gains community support.
Councilwoman Beth Haney attended her board meetings for the Transportation Corridor Agencies (TCA) and Orange County Waste & Recycling (OCWR). She said OCWR is having a compost giveaway on Saturday, April 1st from 8:00 a.m. to noon at all three landfill sites.
Councilwoman Lim announced that the CHOC Foundation is having its Littlest Angel's Guild Personally Yours Luncheon on April 15th and invited the community to attend.
Mayor Hernandez thanked the exceptional staff that helped with the Yorba Linda Woman's Club Craft Fair. He shared that the CERT Spring 2023 class will commence on Monday, May 4th, and will take place over five Thursday evenings, ending on June 8th. Classes will run from 5:30 p.m. to 8:30 p.m. and he invited those interested in disaster preparedness and serving as a CERT volunteer to visit the City website for more information. Mayor Hernandez also announced the second Wildfire Safety & Yorba Linda Fuel Reduction Project community meeting which will take place on March 30th at 6:30 p.m. in the Imperial Room at the Yorba Linda Community Center. He concluded his comments by inviting the community to Expressions at the Cultural Arts Center this Saturday for an art walk featuring local artists, music, and food trucks from 5:00 p.m. to 9:00 p.m.
ADJOURNMENT
Mayor Pro Tem Campbell adjourned the meeting in memory of James Bradley, resident and WWII Veteran, who passed away at the age of 101. Mayor Hernandez adjourned the meeting at 7:49 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on April 4, 2023.