Council Meeting - April 04, 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)
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
Chief of Police Services Captain Joses Walehwa
INVOCATION
Pastor Kenneth C. Curry, Jr., Friendship Baptist Church
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
PROCLAMATION DECLARING ESOPHAGEAL CANCER AWARENESS MONTH Mayor Gene Hernandez invited Jill Olmstead, FNP and her colleagues to the podium and presented them with a proclamation declaring the month of April as Esophageal Cancer Awareness Month. He encouraged everyone to spread awareness of esophageal cancer, its causes and symptoms for early detection.
Ms. Olmstead thanked Council for the proclamation.
PROCLAMATION RECOGNIZING THE FRIENDS OF THE LIBRARY
Mayor Hernandez invited Linda Birtler, President of the Friends of the Library Board, to the podium and presented her with a proclamation recognizing the Friends of the Library during National Volunteer Month, April 1 - April 30th, and their generous efforts, contributions and volunteer hours.
Ms. Birtler thanked Council for their support and recognition.
PROCLAMATION DECLARING SIKH AWARENESS AND APPRECIATION MONTH Next, Mayor Hernandez invited Planning Commissioner Shivinderjit Singh and Doctor Ginny Kaur to the podium and presented them with a proclamation declaring April 2023 as Sikh Awareness and Appreciation Month. He spoke of the notable contributions of Sikh Americans and said Sikhism is the fifth-largest religion in the world today.
Commissioner Singh and Dr. Kaur spoke of Sikh awareness, shared a brief video on Sikhism, and thanked Council for the proclamation.
11TH MARINE EXPEDITIONARY UNIT (MEU) ADOPTION COMMITTEE PROCLAMATION DECLARING APRIL 13TH AS 11TH MEU DAY Mayor Hernandez invited Linda Queen, President of the Yorba Linda 11th MEU Adoption Committee, to the podium. He said the 11th Marine Expeditionary Unit (MEU) was established on April 13, 1979 and promotes active U.S. military members. He presented her with a proclamation declaring April 13th as 11th MEU Day in the City of Yorba Linda.
Ms. Queen spoke briefly about the 11th MEU and said April is also recognized as the month of the military child. She thanked Council for the recognition.
CHAMBER OF COMMERCE’S QUARTERLY UPDATE AND BUSINESS OF THE MONTH RECOGNITIONS Yorba Linda Chamber of Commerce Chief Executive Officer Susan Wan-Ross shared a PowerPoint of the Chamber’s Quarterly Update which included an overview of their 3 C's, Board of Directors, and events such as Principal for a Day, Lunch MOBs, Wine Not Wednesday, CBA Mixer and E-Waste Recycling. She spoke about membership retention, and social media outreach and concluded her update with statistics on their certificates of origin and members of the month.
Mayor Hernandez recognized the January - March Businesses of the Month as TS Home Design Center, Glorious Flowers and the Islamic Center of Yorba Linda. The recognitions were accepted by owner Tom Solomonson and daughter Courtney, Marketing Director Rachel Cook and President Owaiz Dadabhoy respectively .
Council congratulated the businesses and wished them continued success.
Pat Buttress, representative of Supervisor Don Wagner's office was also present to present each business of the month with a recognition.
CITY’S BUSINESS OF THE QUARTER RECOGNITION TO BODHI LEAF COFFEE TRADERS Lastly, Mayor Hernandez stated that a representative for the City's Business of the 1st Quarter was unable to receive the recognition, and will therefore be presented at a later date.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Stewart Rixson, resident, said he and his family had gone on vacation and returned home to find that they had been robbed. During that time, the Vacation Home Check provided by the Orange County Sheriff's did not notice the broken glass and light on upstairs. During another vacation, their home was also robbed. He said police believe the robberies were done by a South American gang. Mr. Rixson said he has added a more sophisticated alarm system and extra security cameras, and suggested that Yorba Linda Police spread awareness and share safety measures.
Don La Commare, resident, spoke about the housing element and Consent Calendar Item No. 9 - Opposition to Senate Bill 423 and urged Council to approve the letter. He also spoke about Administrative Item No. 13 - Strategic Budget Priorities and said there is no mention of transparency, and urged Council to add "maintaining transparency" as it relates to housing as well as keeping a low-density community, commitment to not building in high-risk fire areas, reduce crime rates and ensuing adequate sewer, electricity and water.
Peggy Huang, former Councilwoman, said April 18th is the week of mosquito awareness and urged all residents to dump sitting water to eliminate mosquito breeding sites. She said the Orange County Mosquito and Vector Control District (OCMVCD) is embarking on a campaign to eradicate breeding sites and urged residents to like OCMVCD's Facebook and Twitter to help them win. She also spoke about Consent Calendar Item No. 9 and urged Council and the community to fight to ensure that there is a separation of power and respect for local control.
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 said Consent Calendar Item No. 6 - Approve Professional Service Contracts with Fountainhead Consulting and Ninyo & Moore for Construction Engineering Support Services for Fiscal Year 2022-23 (Zones 5/6B) Annual Pavement Preservation Project will be postponed to the April 18th City Council meeting.
Councilwoman Beth Haney requested to pull Consent Calendar Item No. 9 from the agenda and Mayor Pro Tem Tara Campbell motioned to accept the balance with the green sheet revisions to the May 21, 2023 Meeting minutes, Consent Calendar Item No. 3.
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council approve the Consent Calendar with green sheet revisions to Consent Calendar Item No. 3, postponement of Item No. 6 and the removal of Item No. 9.
AYES (4)
Hernandez, Haney, Campbell, and Lim
ABSENT (1)
Rodriguez
CARRIED (4 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 – APRIL 4, 2023
1. AP Check Register 4-4-23 - CC-FIN-23-014.pdf
2. Attachment 1 - AP Check Register 4-4-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated April 4, 2023, in the amount of $2,746,129.20.
3. APPROVAL OF THE MINUTES OF THE MARCH 21, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Mar21_2023 - English.pdf
2. Green Sheet Post-Meeting Minutes - CC_Mar21_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the March 21, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – FEBRUARY 2023
1. Treasurers Report - Feb 2023 - CC-FIN-23-016.pdf
2. Attachment 1 - Treasurers Report - Feb 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. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING FOR THE BASTANCHURY ROAD MEDIAN MODIFICATION PROJECT (FAIRMONT TO VILLAGE CENTER DRIVE)
1. Willdan for Bastanchury Rd. Median Modification - CC-PW-23-013.pdf
2. Attachment 1 – Willdan Professional Services Agreement.pdf It is recommended that the City Council: 1.) Approve a supplemental budget appropriation in an aggregate amount of $93,299.55, with $60,000 being appropriated from the Traffic Mitigation Fund (404), and $33,299.55 being appropriated from the Road Maintenance Rehabilitation Account (RMRA) Fund (213), with a corresponding increase to the Bastanchury Road Median Modification (Fairmont to Village Center Drive) Project No. SI221004 budget; and 2.) Approve a Professional Services Contract with Willdan Engineering in the amount of $107,217.00 for the Bastanchury Road Median Modification Project (SI221004); and 3.) Authorize the City Manager to approve additional expenditures of up to $16,082.55 (15% of the agreement value) in contract contingencies for potential additional services and unanticipated work that may arise; and 4.) 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.
6. APPROVE PROFESSIONAL SERVICE CONTRACTS WITH FOUNTAINHEAD CONSULTING AND NINYO & MOORE FOR CONSTRUCTION ENGINEERING SUPPORT SERVICES FOR FISCAL YEAR 2022-23 (ZONES 5/6B) ANNUAL PAVEMENT PRESERVATION PROJECT
1. Construction Engineering Contracts - FY22-23 APPP - CC-PW-23-012.pdf
2. Attachment 1 - Fountainhead Agreement.pdf
3. Attachment 2 – Ninyo and Moore Agreement.pdf
It is recommended that the City Council: 1.) Approve a Professional Service Agreement with Fountainhead Consulting Corporation in the amount of $283,160 to provide Construction Management and Inspection services for the Fiscal Year 2022-23 Annual Pavement Preservation Project (APPP); and 2.) Authorize the City Manager to approve additional expenditures up to $28,316 (10% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise; and 3.) Approve a Professional Service Agreement with Ninyo & Moore Geotechnical & Environmental Services Consultants in the amount of $79,710 to provide Materials Testing services for the Fiscal Year 2022-23 Annual Pavement Preservation Project; and 4.) Authorize the City Manager to approve additional expenditures up to $7,971 (10% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise; and 5.) Authorize the City Manager to sign and execute the above-listed contracts, and potential future amendments to these agreements within the designated contingency amounts on behalf of the City Council.
7. CASA LOMA AND EUREKA AVENUE - TEMPORARY STREET CLOSURES
1. Casa Loma and Eureka Ave Temporary Closure - CC-PW-23-016.pdf It is recommended that the City Council: 1.) Approve Sully Miller’s request to conduct a temporary street closure to accommodate the City’s Bastanchury Road Widening Capital Improvement Project, and 2.) Delegate authority to the City Engineer for any future street closure requests for this project.
8. BASTANCHURY ROAD TEMPORARY CLOSURE FROM CORNELL LANE TO PRINCETON
1. Bastanchury Rd Temp. Closure-Cornell Ln to Princeton Pl - CC-PW-23-014.pdf It is recommended that the City Council approve the temporary closure of Bastanchury Road, from Cornell Lane to Princeton Place, from 9:30 AM to 11:45 AM on April 27, 2023, for the California Highway Patrol Every 15 Minutes event.
10. DENIAL OF CLAIMS FOR DAMAGES – WARREN HYER AND SAFECO INSURANCE SUBROGATION FOR WARREN HYER
1. Denial of Claims - Hyer - CC-ADM-23-009.pdf
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Warren Hyer and SafeCo Insurance subrogation for Warren Hyer.
11. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 3-29-23.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-23-010.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
9. OPPOSITION TO SENATE BILL 423 (WIENER)
1. Opposition to Senate Bill 423 (Wiener) - CC-ADM-23-011.pdf
2. Attachment 1- SB 423 (Wiener) Bill Language.pdf
3. Attachment 2- SB 423 (Wiener) Oppose Letter.pdf
4. Green Sheet Attachment 2- SB 423 (Wiener) Oppose Letter.pdf Councilwoman Haney stated that Council will be revisiting the language of the opposition letter and making some revisions. She spoke of Our Neighborhood Voices, SB 423 and Builders Remedy.
Mayor Pro Tem Campbell said she would like staff to include in the E-newsletter and social media that the City is opposing this bill and encouraging residents to help by also voicing their opposition. She said she would be happy to meet with Mr. La Commare to discuss his concerns further and Council urged residents to submit letters of opposition.
Moved by
Haney
Seconded by
Campbell
It is recommended that the City Council oppose Senate Bill 423 (Wiener) and authorize the Mayor to submit letters of opposition for SB 423 to the California State Legislature.
AYES (4)
Hernandez, Haney, Campbell, and Lim
ABSENT (1)
Rodriguez
CARRIED (4 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Mark Pulone expressed his concern for the burglaries that have occurred at Mr. Rixson's home. Unfortunately, he said burglaries have increased everywhere, not just in Yorba Linda. He urged him to meet with Captain Walehwa to discuss ways to minimize risk. He concluded his comments by sharing that the City will soon reopen the Adventure Playground. The summer program will be available once again this summer and sign-ups will commence on April 19th at 10 a.m.
Councilwoman Janice Lim attended the Orange County Council of Governments meeting where they discussed transportation and housing. She also attended the Well Water Education for Latino Leaders Conference on March 31st and April 1st where they discussed the right to have affordable and accessible water.
Mayor Pro Tem Campbell said she was sorry to hear what happened to Mr. Rixson and his family and said she would be happy to meet with him as well and see if there are ways to improve the Vacation Home Check program.
Mayor Hernandez announced the City's 39th annual Egg-Citement Hunt which will take place this Saturday, April 8th for kids ages 2-9 and their families at Hurless Barton Park at 10 a.m. He said the morning will include crafts, games, face painting, a petting zoo, age-specific hunt zones, and a special visit from the bunny. He said the event is free and more information can be obtained by calling the Yorba Linda Community Center at (714) 961-7181. He reminded the community of the upcoming Love Yorba Linda day on Saturday, April 29th and encouraged residents to visit www.loveyorbalinda.org to learn how they can participate. Mayor Hernandez concluded his comments by announcing that Target Yorba Linda at the Valley View Center is now open. He said he and his Council colleagues attended their opening event last Tuesday and the store looks great.
ADMINISTRATIVE REPORTS
13. STRATEGIC BUDGET PRIORITIES
1. Strategic Budget Priorities - CC-FIN-23-015.pdf
Finance Director Dianna Honeywell shared a PowerPoint presentation on the City's Strategic Budget Priorities for FY 23-24 and 24-25. She said the City Council adopted the 2020 Strategic Plan on March 17, 2020, and provided a brief overview. Ms. Honeywell spoke of the preparation for the next two-year budget and said spending is typically tied to organization-wide goals. She concluded her presentation with staff's recommendation to confirm Council's priorities as they relate to the six core Strategic Plan strategies and provide direction on specific Council priorities.
Mayor Pro Tem Campbell said the City's top priority is always going to be public safety, and though it's one of the strategic plan priorities, she wanted to emphasize public safety in light of Mr. Stewart's comments.
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council: 1.) Reaffirm the City’s Strategic Plan Core Strategies as overarching budget guidelines; and 2.) Provide direction to staff regarding any specific programs, services, staffing, or capital spending that should be prioritized as staff prepares the draft two-year budget for fiscal years 2023/24 and 2024/25 for the Council’s consideration.
AYES (4)
Hernandez, Haney, Campbell, and Lim
ABSENT (1)
Rodriguez
CARRIED (4 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 7:56 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on April 18, 2023.