Council Meeting - July 18, 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)
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
Allison Estes, Assistant to the City Manager
INVOCATION
Deacon Denis Zaun, St. Martin De Porres Catholic Church
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action on the items discussed in Closed Session.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF UNSUNG HERO GABRIELLA ROLLINS
Mayor Gene Hernandez invited
Gabriella Rollins to the podium and recognized her for her inspirational love and devotion to the arts which has influenced her service to the community. Ms. Rollins founded the Yorba Linda Arts Alliance in 1999 and established the Celebration of the Arts Festival which has become an annual tradition in the community. Council also presented her with certificates from the offices of Senator Seyarto and Assemblyman Chen.
Ms. Rollins thanked the City Council for the recognition and the opportunity to serve the residents of Yorba Linda.
INTRODUCTION OF PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT SUPERINTENDENT DR. ALEX CHERNISS Mayor Hernandez introduced Placentia-Yorba Linda Unified School District's new Superintendent Dr. Alex Cherniss. He said Dr. Cherniss earned his Doctorate in Education from USC Rossier School of Education, and his career includes both teaching and administrative experience. Dr. Cherniss previously served as the Superintendent of the Palos Verdes Peninsula Unified School District for five years, Superintendent of San Marino Unified School District and the Chief Financial Officer for the Los Angeles County Office of Education.
Dr. Cherniss expressed his enthusiasm for his new position and said he looks forward to working with the community. He invited everyone to their upcoming State of the District event on August 10th at 8:00 a.m.
PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION MONTH The City Council proclaimed July as Parks and Recreation month and shared a brief video highlighting some of the services provided by the Parks and Recreation Department. The proclamation was accepted by Parks and Recreation Commission Chair Rachel McLure.
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN JOSES WALEHWA Chief of Police Services Captain Joses Walehwa provided a PowerPoint presentation on law enforcement updates for the last few months. Captain Walehwa provided statistics on traffic, crime, residential burglaries, and arrests. He spoke about two significant arrests, one on May 3rd where four suspects were arrested for burglary, and another incident where three stolen vehicles were recovered on May 20th, June 1st and June 26th. Four suspects were arrested in relation to the three stolen vehicles that were recovered with the help of the newley installed Flock Camera System. Captain Walehwa concluded his comments by highlighting their crime prevention events - Senior Scam Prevention on May 10th and Active Assailant Response & Prevention on May 23rd along with their Coffee with a Cop and Heroes Supporting Heroes events in June.
INTRODUCTION OF NEW STAFF MEMBER BELEN MOLINA, ACCOUNTING TECHNICIAN City Manager Mark Pulone introduced the City's new staff member Belen Molina, Accounting Technician, and shared a brief overview of her career background.
Council welcomed her to the Yorba Linda team.
INTRODUCTION OF NEW STAFF MEMBER ALEX DELATORRE, IT TECHNICIAN Lastly, City Manager Pulone introduced Alex Delatorre, the City's new IT Technician and said Alex began his career with the City as a part-time employee.
Council congratulated Alex on his new role with the City.
At this time, Mayor Hernandez stated that he would like to move Administrative Report No. 15 - Housing Policy Resident Working Group Summary Report - to the front of the agenda.
ADMINISTRATIVE REPORT NO. 15 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Gabriella Rollins, Yorba Linda Arts Alliance Foundation, said they participated in the 4th of July event this year, where they offered the community the opportunity to contribute to a community quilt. She showed the end result and said the patriotic quilt will be on display in the Yorba Linda Art Gallery. She concluded her comments by sharing a brief video of the event and quilt-making process with the community.
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.
Councilwoman Beth Haney said she will abstain from Consent Calendar Item No. 3, approval of the June 20th, 2023 minutes as she was absent at that meeting.
Moved by
Haney
Seconded by
Campbell
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 – JULY 18, 2023
1. AP Check Register 7-18-23 - CC-FIN-23-030.pdf
2. Attachment 1 - AP Check Register 7-18-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated July 18, 2023, in the amount of $1,774,793.48.
3. APPROVAL OF THE MINUTES OF THE JUNE 20, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Jun20_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the June 20, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – MAY 2023
1. Treasurers Report - May 2023 - CC-FIN-23-032.pdf
2. Attachment 1 - Treasurers Report - May 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. AWARD OF A MULTI-YEAR PROFESSIONAL SERVICES AGREEMENT TO ALL CITY MANAGEMENT SERVICES, INC., FOR SCHOOL CROSSING GUARD SERVICES
1. Award Agreement School Crossing Guard Services - CC-PW-23-044.pdf
2. Attachment 1 - All City Management Services, Inc. Agreement.pdf It is recommended that the City Council: 1.) Approve a supplemental budget appropriation in the amount of $24,687.20 from the unappropriated reserves of the General Fund (101) with a corresponding increase to Public Works Department Operating budget line item for Crossing Guard Services (Account No.1010320-432780) for Fiscal Year 2023-2024; and 2.) Approve the award of a multi-year Professional Services Agreement to All City Management Services, Inc. (ACMS), in the amount of $1,291,399.20 for the initial multi-year term ($409,687.20 for Fiscal Year 2023-2024) for provision of School Crossing Guard Services; and 3.) Authorize the City Manager to sign and execute the Professional Services Agreement and potential future annual renewal amendments to the agreement including Consumer Price Index based increase(s) as provided for within this agreement on behalf of the Council.
6. DECLARING PUBLIC NUISANCE, INTENT TO PROVIDE ABATEMENT, AND SETTING THE DATE FOR THE PUBLIC HEARING
1. Declaring Public Nuisance, Abatement, Public Hearing - CC-CD-23-012.pdf
2. Attachment 1 - Resolution No. 2023-5856 .pdf
3. Attachment 1 - Exhibit A to Resolution.pdf
4. Green Sheet - Attachment 1 - Exhibit A to Resolution.pdf It is recommended that the City Council adopt Resolution No. 2023-5856, declaring its intent to set a public hearing on August 15, 2023, for this year’s Weed Abatement Program.
7. AWARD OF CONTRACT TO ABOUND FOOD CARE FOR SB 1383 EDIBLE FOOD RECOVERY COMPLIANCE PROGRAM
1. Award Contract to Abound Food Care - CC-PW-23-043.pdf
2. Attachment A - Abound Food Care Agreement and Proposal.pdf It is recommended that City Council: 1.) Award the (4) four-year professional services agreement for SB 1383 Edible Food Recovery Compliance program to Abound Food Care in the amount of $19,200 per year to be paid monthly ($1,600 per month); and 2.) Authorize the City Manager to sign and execute the contract including annual CPI increases as provided within this agreement on behalf of the Council.
8. BLACK GOLD GOLF COURSE STORM DRAIN DAMAGE EMERGENCY REPAIR STATUS UPDATE
1. Conditions for Black Gold Storm Drain Repair Update - CC-PW-23-042.pdf It is recommended that the City Council receive and file this report.
9. CITY COUNCIL POLICY P-7 REVIEW OF PLANNING COMMISSION AGENDA OF JUNE 28, 2023
1. Policy P-7 Review of 6-28-2023 PC Agenda - CC-CD-23-013.pdf
2. Attachment 1 - Council Policy P7.pdf
3. Attachment 2 - PC Agenda Item Summary 6-28-23.pdf
4. Attachment 3 - Draft Meeting Minutes PC 6-28-23.pdf
5. Attachment 4 - CUP 2023-13 Dance Star Academy SR.pdf
6. Attachment 5 - CUP 2023-14 AA 2023-06 Laborde SR.pdf It is recommended that the City Council approve, by minute motion, the following Planning Commission agenda items form June 28, 2023: 1.) Conditional Use Permit 2023-13 – Dance Star Academy, with conditions 2.) Conditional Use Permit 2023-14, with conditions, and Administrative Adjustment 2023-06 – Laborde
10. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 7-12-23.pdf
It is recommended that the City Council receive and file this report.
11. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-032.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
PUBLIC HEARING
12. SOLAR CANOPY PROJECT – RESOLUTION NO. 2023-5850 MAKING FINDINGS OF ENERGY SAVINGS AND DETERMINING OTHER MATTERS IN CONNECTION WITH ENERGY SERVICE AGREEMENTS
1. Solar Canopies - CC-ADM-23-034.pdf
2. Attachment 1 - Res No. 2023-5850.pdf
3. Attachment 2 - Terms and Conditions to Energy Services Agmt.pdf
4. Attachment 3 - Community Center Agreement.pdf
5. Attachment 4 - Library and Arts Center Agreement.pdf
6. Attachment 5 - Black Gold Golf Club Agreement.pdf
7. Attachment 6 - Facility Photos.pdf
a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Assistant City Manager Dave Christian said this item was previously discussed at the June 5th Council meeting, therefore, he provided a brief report sharing facility renderings of the solar canopy location at each potential site. He said that at the June 5th meeting, concerns were expressed about the aesthetics, especially at the Community Center and the view from Imperial Highway to the North, and said staff asked the consultant, Forefront Power, to prepare renderings with an alternative for consideration at the Community Center that would move some of the canopies from the northern parking lot, down to the southern parking lot - eliminating the aesthetic concern off of Imperial Highway. He said an alternative is also available for consideration at the Library and Arts Center, moving the two rows of canopies at the southern end of the lot back approximately 40 feet to allow for vegetation to grow in front of them and reduce their visibility while driving into the lot. Assistant City Manager Christian said if Council wishes not to pursue all three sites, two would need to be pursued in order for the project to be viable. He concluded by discussing the cost savings. c. Take Testimony
No public comment was received for this item.
d. Close Public Hearing - Mayor Hernandez closed the public hearing. e. Make Determination
Councilwoman Janice Lim expressed her concerns with the size and aesthetic look of the canopies. She does not believe the industrial look matches the character of Yorba Linda and said the savings per year over the course of the 20 years is not enough to warrant the installations and said she would vote against the item.
Motion by
Councilwoman Haney to approve the item with the two modifications as presented by Assistant City Manager Christian for the Community Center and Library and Arts Center locations.
Moved by
Haney
Seconded by
Rodriguez
It is recommended that the City Council: 1.) Approve the Solar Canopy Project by adopting Resolution No. 2023-5850 Making Findings of Energy Savings and Determining Other Matters in Connection With Energy Service Agreements, with the modifications presented for the Community Center and Library and Arts Center locations - moving the canopies from the north lot of the Community Center to the southern parking lot, and moving the canopies back approximately 40 feet at the Library and Arts Center; and 2.) Authorize the City Manager to negotiate any further changes to the Power Purchase Agreements and execute them on behalf of the City.
AYES (4)
Rodriguez, Hernandez, Haney, and Campbell
NOES (1)
Lim
CARRIED (4 to 1)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone said that on August 1st staff will provide Council a presentation on Know Your Way, an evacuation plan in case of emergencies, which will be shared with residents at various upcoming community events.
Councilman Carlos Rodriguez said he greeted the Association of California Cities - Orange County (ACCOC) as they provided other cities a tour of Oakcrest Terrace which opened in 2016 and OakCrest Heights which opened in 2018.
Mayor Pro Tem Tara Campbell complimented City staff for an incredible 4th of July event.
Councilwoman Haney said she watched Sound of Freedom and spoke of Operation Underground Railroad (ourrescue.org) to become involved and learn how to help end child trafficking.
Councilwoman Lim echoed the comments made on the 4th of July event and announced that the Taste of Yorba Linda will be on the 28th from 6:00 p.m. to 10:00 p.m. at the Yorba Linda Community Center.
Mayor Hernandez asked the community to submit nominations for the 2023 Citizen of the Year, a special recognition that honors a resident that goes above and beyond to serve the community, and said residents can visit the City website to submit a nomination. The selected individual will then be honored at the State of the City event on Wednesday, October 18th. Mayor Hernandez invited the community to National Night Out on Wednesday, August 2nd from 6:00 p.m. to 8:00 p.m. at the Yorba Linda Community Center to learn about crime prevention and fostering community partnerships for safe neighborhoods.
ADMINISTRATIVE REPORTS
13. FISCAL YEAR 2022/23 THIRD QUARTER BUDGET UPDATE
1. FY 22.23 Third Quarter Update - CC-FIN-23-029.pdf
2. Attachment 1 - FY 22-23 Budget Adjustment Listing Third Quarter FINAL.pdf Finance Director Dianna Honeywell provided a brief report on the FY 2022/23 third-quarter budget update. She said the main adjustment during the 3rd quarter were the mid-year adjustments totaling $1.4 million, and other adjustments of roughly $31,200. The FY 2022/23 year-to-date adjustments result in a projected General Fund surplus of $847,556.
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 three quarters of the fiscal year (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)
14. DESIGNATING VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES 2023 ANNUAL CONFERENCE
1. League of CA Cities Voting Delegate Annual Conf. - CC-ADM-23-033.pdf
2. Attachment 1 - League of CA Cities Letter.pdf
City Manager Pulone provided a report on this item and asked Council to select a voting delegate and alternate for the upcoming League of California Cities 2023 Annual Conference.
Moved by
Campbell
Seconded by
Rodriguez
It is recommended that the City Council designate Mayor Hernandez as the voting delegate for the League of California Cities 2023 Annual Conference, with Councilwoman Lim as the alternate.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
15. HOUSING POLICY RESIDENT WORKING GROUP SUMMARY REPORT
1. Resident Housing Working Group Summary - CC-CD-23-014.pdf
2. Attachment 1 - Housing Policy Resident Working Group Report.pdf Ryder Smith, President of Tripepi Smith spoke about the Housing Policy Resident Working Group (Group) and their findings and conclusions for the 2021-2029 General Plan Housing Element for the community's consideration. He said the failure of Measure Z in November 2022 left the City on a pathway towards losing the conditional certification of its housing element, which could have negative impacts on the overall land use policy for the city. The Group enabled City staff to speak directly with residents about the background, policy choices, and tradeoffs and was comprised of 17 residents. They met from mid-May to late June and convened six times. Mr. Smith shared a PowerPoint presentation with information on the Group, the consensus reached, planning principles and a summary of their suggestions.
Planning Manager, Nate Farnsworth reviewed the model plans as discussed with the Group, and outlined the east side, central, and west side changes. Community Development Director David Brantley said this is the beginning of public engagement. He spoke about the potential four phases of public engagement and the timeline for education & outreach, with Phase 4 - Ballot Measure to Implement planned for July '24 to November '24.
The following individuals spoke about their experience on the Group and/or their support for the item, urged the community to get involved and thanked Council for the opportunity to provide further input: Richard de Bruijn, Janice Morger, Russ Heine, Ross McCune, Josh Schroeder, Paulina Rodriguez, Diane Kanne.
Council thanked the Group for their time, dedication and input.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council direct staff to consider and incorporate the findings and conclusions of the Housing Policy Resident Working Group as it prepares revisions to the 2021-2029 General Plan Housing Element for the community’s consideration.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting in honor of Robert (Bob) Bernard Lyons, long-time resident and former Planning Commissioner, who passed away at his home on June 30, 2023, at 9:11 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on August 1, 2023.