Council Meeting - August 15, 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)
URGENCY ITEM ADDED
Deputy City Attorney Joseph Larsen requested to add an urgency item to the agenda under the Consent Calendar as Item No. 10.1 - Resolution No. 2023-5858 approving the temporary street closure of Village Center Drive from Vista Laguna to Paseo De Las Palomas.
On Friday, August 11, 2023, after the posting of the agenda, staff received a request from Ms. Susan Janowicz of the East Lake Village Community Association to close a portion of Village Center Drive from Vista Laguna to Paseo De Las Palomas for their 45th Anniversary Celebration. The request is similar and consistent with previous requests from this association.
Moved by
Campbell
Seconded by
Lim
It is recommended that the City Council add the urgency item to the Consent Calendar as Item No. 10.1.
AYES (4)
Rodriguez, Hernandez, Campbell, and Lim
ABSENT (1)
Haney
CARRIED (4 to 0)
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:34 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
Finance Director Dianna Honeywell
INVOCATION
Pastor Kenneth C. Curry, Jr., Friendship Baptist Church
CLOSED SESSION REPORT
Deputy City Attorney Larsen said there was no reportable action on the items discussed in Closed Session. Additionally, he said Council voted 4-0 to add an urgency item to the agenda under Consent Calendar as Item No. 10.1.
AMERICAN MUSLIM APPRECIATION AND AWARENESS MONTH
Mayor Gene Hernandez said although not on the agenda, he would like to present a proclamation recognizing August as American Muslim Appreciation and Awareness Month and invited Aliya Yousufi, Outreach Director for the Islamic Center of Yorba Linda and Mr. Noor Ahmed, Board Member for Marketing to the podium.
Council presented Ms. Yousufi and Mr. Ahmed with the proclamation and they thanked Council for the support and recognition.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Tom Castanzo, resident, shared concerns about the landscape maintenance in Zone L1B and the poor quality of maintenance and street sweeping services.
Richard de Bruijn, resident, spoke about housing elements throughout the state and his experience at the last Resident Housing Policy Working Group. He also expressed concerns about state pensions and protecting taxpayers' dollars.
Natalie Levin, Volunteer Advocate for the Alzheimer's Association, spoke about the organization and provided alzheimer's and dementia statistics in Orange County and spoke of the importance of early diagnosis.
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.
Moved by
Campbell
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar with the amended minutes and the inclusion of Urgency Item No. 10.1.
AYES (4)
Rodriguez, Lim, Hernandez, and Campbell
ABSENT (1)
Haney
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 – AUGUST 15, 2023
1. AP Check Register 8-15-23 - CC-FIN-23-037.pdf
2. Attachment 1 - AP Check Register 8-15-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated August 15, 2023, in the amount of $1,568,450.01.
3. APPROVAL OF THE MINUTES OF THE AUGUST 1, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Aug01_2023 - English.pdf
2. Green Sheet - Post-Meeting Minutes - CC_Aug01_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the August 1, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVAL OF THE MINUTES OF THE AUGUST 8, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Aug08_2023 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the August 8, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. TREASURER’S REPORT – JUNE 2023
1. Treasurers Report - June 2023 - CC-FIN-23-034.pdf
2. Attachment 1 - Treasurers Report - June 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.
6. RESPONSE TO 2022-23 ORANGE COUNTY GRAND JURY REPORT, “WELCOME TO THE NEIGHBORHOOD – ARE CITIES RESPONSIBLY MANAGING THE INTEGRATION OF GROUP HOMES?”
1. Grand Jury Response - Group Homes - CC-CD-23-017.pdf
2. Attachment 1 - OC Grand Jury Report re Group Homes.pdf
3. Attachment 2 - Proposed City Draft Response.pdf
It is recommended that the City Council review the draft response to the Orange County Grand Jury report and authorize the Mayor’s signature for submittal to the Presiding Judge of the Orange County Superior Court by the statutory deadline of September 13, 2023.
7. RESPONSE TO 2023 ORANGE COUNTY GRAND JURY REPORT, “GIMMIE SHELTER AND A POUND OF ADVICE: THE STATE OF ANIMAL WELFARE OVERSEEN BY THE COUNTY OF ORANGE”
1. Response to the OC Grand Jury Re OC Animal Care Operations - CC-ADM-23-039.pdf
2. Attachment 1- 2023 Gimme Shelter and a Pound of Advice Grand Jury Report.pdf
3. Attachment 2 - City Response Letter - 2023 Gimme Shelter and a Pound of Advice.pdf
4. Attachment 3 - OCAC Response to Findings and Recommendations.pdf It is recommended that the City Council review the draft response to the Orange County Grand Jury Report and authorize the Mayor’s signature for submittal to the Presiding Judge of the Orange County Superior Court by the statutory deadline of September 1, 2023.
8. AWARD OF CONTRACT TO DAVID VOLZ DESIGN FOR THE BRYANT RANCH IMPROVEMENT PROJECT
1. Contract to David Volz - Bryant Ranch Improvement Project - CC-PR-23-016.pdf
2. Attachment 1 - David Volz Design (DVD) Agreement.pdf It is recommended that
City Council
authorize award of contract to David Volz Design for design services, construction documents, and construction period services for the Bryant Ranch Basketball Court project for $83,564 with 15% contingency funding ($12,534.60) for a total of $96,098.60.
9. DENIAL OF CLAIMS FOR DAMAGES – HICKERSON
1. Denial of Claims - Hickerson - CC-ADM-23-040.pdf
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages by Steven Hickerson.
10. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-038.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
3. Green sheet - Attachment 1 - Reports from CC Organizations.pdf It is recommended that the City Council receive and file this report.
10.1 RESOLUTION NO. 2023-5858 APPROVING THE TEMPORARY STREET CLOSURE OF VILLAGE CENTER DRIVE FROM VISTA LAGUNA TO PASEO DE LAS PALOMAS
1. Green Sheet - Urgency Item Consent Calendar Item 10.1 Resolution No. 2023-5858.pdf It is recommended that the City Council adopt Resolution No. 2023-5858, approving the temporary street closure of Village Center Drive from Vista Laguna to Paseo de Las Palomas.
PUBLIC HEARING
11. PUBLIC HEARING REGARDING WEED ABATEMENT PROGRAM AND ORDERING ABATEMENT
1. Weed Abatement Program and Abatement Public Hearing - CC-CD-23-016.pdf
2. Attachment 1 - Res No. 2023-5857.pdf
3. Attachment 2 - Exhibit A.pdf
a. Open Public Hearing - Mayor Hernandez opened the public hearing. b. Staff Report
Senior Community Preservation Officer Mary Lewis provided a PowerPoint presentation on the Program and a brief background on the number of non-compliant properties. On March 16, 2023 the City mailed 1,204 weed abatement notices to affected owners requesting abatement by May 25, 2023. As of the preparation of the staff report for this agenda, five properties remained out of compliance; however, as of today, only two properties remain out of compliance. This update will be reflected in Exhibit A of the proposed resolution for adoption. She concluded her report by discussing the remaining steps and options to abate the properties. c. Take Testimony
No public comments received.
d. Close Public Hearing - Mayor Hernandez closed the public hearing. e. Make Determination
Moved by
Campbell
Seconded by
Lim
It is recommended that the City Council adopt Resolution No. 2023-5857 declaring that weeds growing upon or in front of, and rubbish, refuse, and dirt upon or in front of certain property in the City constitute a public nuisance, and ordering abatement thereof.
AYES (4)
Rodriguez, Lim, Hernandez, and Campbell
ABSENT (1)
Haney
CARRIED (4 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Mark Pulone spoke about the City's Know Your Way program, aimed at helping residents know their evacuation route and help them preplan. He said the City will be hosting informational meetings, with the first one scheduled on Saturday, August 26th at 10:00 a.m. at the Yorba Linda Community Center. He said more meetings will be scheduled, including one or two, in the east end of the City. With respect to the concerns from Mr. Castanzo, he said staff will share the maintenance photos he provided and follow up accordingly with contractors. He said street sweeping is provided under the contract for waste management services with Republic Services, and staff will contact them accordingly as well. With respect to Mr. de Bruijn's comments, he said the City looks forward to sharing the recommendations from the Resident Housing Policy Working Group with residents and will do so at future community meetings.
He said staff would be happy to work with Ms. Levin in order to arrange for the Alzheimer's
Association to offer information and future events.
Councilwoman Janice Lim attended National Night Out on August 2nd and said the event was well attended. She expressed her gratitude to Yorba Linda Police Services for all their hard work.
Councilman Carlos Rodriguez expressed his appreciation of all first responders and said it was great to interact with all of our local heroes at National Night Out. He attended the Placentia-Yorba Linda Unified School Districts State of the District.
Mayor Pro Tem Tara Campbell attended the Interfaith Food Packing Event on August 12th at the Yorba Linda Islamic Center in partnership with the Church of Jesus Christ of Latter-Day Saints and said several packages were put together that day for those in need.
Mayor Hernandez spoke about the Citizen of the Year program and said the City is currently accepting nominations through September 8, 2023. He said the program aims to honor individuals who go above and beyond for the community. He also announced that Yorba Linda schools will be back in session in the next few weeks and encouraged local students to study hard and he reminded drivers to be extra careful when driving on city streets, especially at crosswalks and intersections. Mayor Hernandez concluded his comments by announcing the upcoming Movies in the Park & Concerts in the Park. He said on Saturday night the City will be showing Lightyear, and on Sunday will be the last Concert in the Park of the season, with The Reflexx playing 80’s Alternative music. Mayor Hernandez said both events are free and more information can be found on the City’s website.
ADMINISTRATIVE REPORTS
12. ORDINANCE NO. 2023-1107 – REVISIONS TO CHAPTER 3.04 OF THE MUNICIPAL CODE GOVERNING PROCUREMENT AND APPROVAL OF REVISIONS TO CITY COUNCIL POLICY F-1 GOVERNING CHANGE ORDERS AND AMENDMENTS
1. Revised Purchasing Policy - First Reading Ordinance No. 2023-1107 - CC-FIN-23-035.pdf
2. Attachment 1 - Ord No. 2023-1107.pdf
3. Attachment 2 - Revised CC Policy F-1 (Redline).pdf
Finance Director Honeywell shared a brief PowerPoint on this item. She said Chapter 3.04 of the Municipal Code was last updated in 2020 and needs various modifications, modernizations and clarifications to improve the efficiency of the City's procurement practices. One such Municipal Code change is clarifying language as to when City Council approval of contract extensions are required, unless otherwise approved by Council, agreements and contracts will not extend beyond five years. She also spoke of proposed changes to City Council Policy F-1 and she highlighted some of the changes to the Municipal Code and Policy F-1. Director Honeywell concluded her presentation with the staff recommendation.
Tom Castanzo, resident, said 5 years for a contract is too long and said 3 years is the average and believes it should be voted on, not just with City Manager authority to approve extensions.
Mayor Pro Tem Campbell responded to Mr. Castanzo and said Council does vote on the contracts and one of the things she did when she began serving on Council was to lower the threshold for City Manager approval.
Moved by
Campbell
Seconded by
Rodriguez
It is recommended that the City Council: 1.) Approve for first reading Ordinance No. 2023-1107 (Attachment 1) approving changes to Chapter 3.04 of the Yorba Linda Municipal Code regarding procurement; and 2.) Approve a revised City Council Policy F-1 (Attachment 2) governing change orders and amendments.
AYES (4)
Rodriguez, Lim, Hernandez, and Campbell
ABSENT (1)
Haney
CARRIED (4 to 0)
13. TENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
1. Tenth Amend. to City Manager Employment Agmt - CC-ADM-23-041.pdf
2. Attachment 1 - Original Agreement.pdf
3. Attachment 2 - First Amendment.pdf
4. Attachment 3 - Second Amendment.pdf
5. Attachment 4 - Third Amendment.pdf
6. Attachment 5 - Fourth Amendment.pdf
7. Attachment 6 - Fifth Amendment.pdf
8. Attachment 7 - Sixth Amendment.pdf
9. Attachment 8 - Seventh Amendment.pdf
10. Attachment 9 - Eighth Amendment.pdf
11. Attachment 10 - Ninth Amendment.pdf
12. Attachment 11 - Proposed Tenth Amendment.pdf
Assistant City Manager Dave Christian said City Manager Pulone's original agreement was entered into on July 2, 2013 and said it has since been amended nine times. He discussed the proposed Tenth Amendment updates pertaining to terms of employment which included a standard cost of living (COLA) increase of 2.0% as received by all City employees, plus an additional salary increase of 5.0% based on exceptional merit effective as of July 1, 2023.
Moved by
Rodriguez
Seconded by
Lim
It is recommended that the City Council review and approve the “Tenth Amendment Employment Agreement” (“Tenth Amendment”) that amends the City Manager’s employment agreement with the City and appropriate the necessary amounts in the FY 23-24 budget.
AYES (4)
Rodriguez, Lim, Hernandez, and Campbell
ABSENT (1)
Haney
CARRIED (4 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting at 7:17 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on September 19, 2023.