Council Meeting - October 17, 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)
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
Orange County Fire Authority Division Chief Scott Wiedensohler
INVOCATION
Assistant City Manager Dave Christian
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 HEROES NOEL AND SHANINE INCLEY
Mayor Gene Hernandez invited Noel and Shanine Incley to the podium and recognized them as Yorba Linda's Unsung Heroes. He said Mr. and Mrs. Incley, after becoming frustrated by the amount of doggie waste bags and other litter in their neighborhood, decided to dedicate their weekend fitness walks to serving the community by collecting the waste left behind. Mayor Hernandez thanked them for their efforts to keep Yorba Linda beautiful and commended their exceptional commitment.
Mr. and Mrs. Incley also received recognitions from the offices of Congresswoman Young Kim, Senator Kelly Seyarto, and Assemblyman Phillip Chen. Pat Buttress, representative from Supervisor Don Wagner's office, was in attendance to present them with a recognition. Mr. and Mrs. Incley expressed their gratitude for the recognitions.
ASSOCIATION OF CALIFORNIA CITIES - ORANGE COUNTY (ACC-OC) UPDATE Mayor Hernandez invited Kris Murray, Executive Director and Kathryn Morrison, Director of Member Services for the Association of California Cities to the podium to provide an update. Ms. Murray shared a brief PowerPoint presentation highlighting the background of ACC-OC, its 2023-24 Board of Directors, standing committees, informational resources, and programs and events.
Council thanked Ms. Murray for the presentation.
YORBA LINDA 11TH MEU ADOPTION COMMITTEE UPDATE
For the next presentation, Mayor Hernandez invited the 11th MEU Adoption Committee's President, Linda Queen to the podium. She updated Council on their recent activities in support of the marines and families of Camp Pendleton's 11th MEU. She said the 11th MEU is currently on deployment but is expected to return in mid-December. In the meantime, the Adoption Committee is raising funds to purchase commissary gift cards to help provide Thanksgiving or holiday meals to their families. She concluded by presenting the Council with an 11th MEU mug in appreciation of their continued support.
CITY’S BUSINESS OF THE QUARTER RECOGNITION TO YORBA LINDA REGAL THEATER Next, Mayor Hernandez invited Zach Quinter, Yorba Linda's Regal Theater General Manager to the podium and presented him with a certificate of recognition celebrating Yorba Linda Regal Theater as the business of the month for the 3rd quarter. Mr. Quinter spoke about the theater, their involvement in the community and thanked Council for the recognition.
Mr. Quinter also received recognitions from the offices of Congresswoman Kim, Senator Seyarto, Assemblyman Chen and Supervisor Wagner.
RECOGNITION OF BILL HOULIHAN, DIRECTOR OF AGRONOMY / SUPERINTENDENT, BLACK GOLD GOLF CLUB Lastly, Mayor Hernandez recognized Bill Houlihan, Director of Agronomy/Superintendent of Black Gold Golf Club on his retirement with a commendation recognizing his contributions to Black Gold Golf Club and the community. Mayor Hernandez said Mr. Houlihan has served as Director of Agronomy/Superintendent for 19 years and began his career at Yorba Linda Country Club 39 years ago. Mayor Hernandez spoke of his awards and accomplishments and commended him for his distinguished career.
Director Houlihan
also received recognitions from the offices of Congresswoman Kim, Senator Seyarto, Assemblyman Chen and Supervisor Wagner.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Trudi DesRoches, Yorba Linda Water District Vice President, gave a construction update on projects underway throughout the City, including the Booster Pump Station on Hidden Hills Road and the Imperial Highway waterline upgrade.
Bryan Krueger, resident, expressed his concerns with the Regional Housing Needs Assessment and proposed high-density zoning on Bastanchury Road near his home.
Mackenzie Krueger, resident, said she is against high-density on the Bastanchury Road property adjacent to her home. She said she is tired of the construction and noise.
Karen Krueger, resident, also expressed her opposition for the high-density, 10-homes per acre rezoning proposal, and asked for reconsideration. She said her neighborhood was not represented by the Housing Policy Resident Working Group.
Richard de Bruijn, resident and member of the Housing Policy Resident Working Group, provided an overview of the discussions with residents and the meeting outcomes. He said over the years, he has spoken about his traffic concerns along Bastanchury Road and said, as a member of the Working Group, he expressed his concern with the 200 residential unit allocation on Bastanchury Road, particularly near Vista Del Verde. He said the process is not over and asked Council to consider the concerns of these residents like they have residents in other areas.
Peter Meng, resident, reiterated the comments made in his email to Council and expressed concerns on overgrown landscape near his home. He spoke of the importance of fire prevention.
Andrew Winebar, representative of the Estancia Community, expressed concerns regarding the housing element and said they were not involved. He said the current density proposed is not suitable, and that there is already a lot of traffic on Bastanchury Road.
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
Haney
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 – OCTOBER 17, 2023
1. AP Check Register 10-17-23 - CC-FIN-23-042.pdf
2. Attachment 1 - AP Check Register 10-17-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated October 17, 2023, in the amount of $9,217,288.62.
3. APPROVAL OF THE MINUTES OF THE SEPTEMBER 19, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Sep19_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the September 19, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – AUGUST 2023
1. Treasurers Report - Aug 2023 - CC-FIN-23-041.pdf
2. Attachment 1 - Treasurers Report - Aug 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. RESOLUTION NO. 2023-5862 AUTHORIZING THE SUBMISSION OF THE CITY’S APPLICATION FOR THE COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FOR THE SAVI RANCH PARKWAY INTERSECTION CAPACITY ENHANCEMENT PROJECT – RIGHT OF WAY ACQUISITION
1. CTFP Resolution for Savi Ranch ROW - CC-PW-23-055.pdf
2. Attachment 1 - Resolution No. 2023-5862.pdf
It is recommended that the City Council adopt Resolution No. 2023-5862, authorizing the submission of the City’s application for the Comprehensive Transportation Funding Program (CTFP) for the Savi Ranch Parkway Intersection Capacity Enhancement Project – Right of Way Acquisition.
6. FISCAL YEAR 2023/24 APPROPRIATION ADJUSTMENTS FOR GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL PROJECT CARRYOVERS AND FISCAL YEAR 2022/23 FINAL BUDGET ADJUSTMENTS
1. FY 22.23 Budget Carryovers - CC-FIN-23-040.pdf
2. Attachment 1 - Operating Budget Carryover Schedule.pdf
3. Attachment 2 - Vehicles and Equipment Budget Carryovers.pdf
4. Attachment 3 - CIP Budget Carryover Schedule.pdf
5. Attachment 4 - Final FY 2022.23 Budget Appropriations.pdf It is recommended that the City Council: 1.) Approve the attached list of budget appropriations and purchase order carryovers from fiscal year 2022/23 to FY 2023/24; and 2.) Approve the attached list of final budget appropriations for fiscal year 2022/23.
7. REVISIONS TO CITY COUNCIL POLICY E-5
1. Update to E5 Policy - CC-PW-23-052.pdf
2. Attachment 1 - Draft Revisions to CC Policy E-5 (Redline).pdf
3. Attachment 2 - Draft Revisions to CC Policy E-5 (Clean Copy).pdf It is recommended that City Council: 1.) Approve various revisions to the City Council Policy E-5; and 2.) Authorize the City Manager or designee to sign Declarations of Restrictive Covenants (DORC) or Encroachment Agreements on behalf of the City for minor encroachments as outlined in Policy E-5.
8. AUTHORIZATION OF ENCROACHMENT ONTO CITY EASEMENT REQUEST- 5887 LAKEVIEW LANE
1. Encroachment onto City Easement Req. 5887 Lakeview LN - CC-PW-23-051.pdf
2. Exhibit A - Vicinity Map.pdf
3. Exhibit B - Site Plan.pdf
4. Exhibit C - Declaration of Restrictive Covenants Agreement.pdf
5. Exhibit D - City Council E-5 Policy.pdf
It is recommended that the City Council: 1.) Authorize the 4-inch vitrified clay pipe (VCP) lateral connection to the existing YLWD sewer line to service 5887 Lakeview Lane; and 2.) Determine such encroachments will not adversely impact the City’s easement, City’s facility, or general public safety, and 3.) Require the property owner at 5887 Lakeview Lane to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.
9. APPROVE EASEMENT AGREEMENT WITH YORBA LINDA WATER DISTRICT FOR MAIN STREET SEWER IMPROVEMENT
1. YLWD Easement Agreement Main Street - CC-PW-23-053.pdf
2. Attachment 1 - Easement Agreement (YLWD).pdf
It is recommended that the City Council approve the easement agreement with Yorba Linda Water District (YLWD) for the Main Street Sewer Improvement and authorize the City Manager to execute the agreement on behalf of Council.
10. APPROVE AMENDMENT TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES FOR DESIGN OF BLACK GOLD STORM DRAIN IMPROVEMENT
1. Black Gold Storm Drain Alignment Contract - Kimley Horn - CC-PW-23-049.pdf
2. Attachment 1 - Amendment with Kimley-Horn and Associates .pdf It is recommended that the City Council: 1.) Approve an amendment to the On-Call Professional Services Agreement with Kimley- Horn and Associates, increasing the not-to-exceed aggregate agreement amount by $10,590, (increasing the FY23/24 authorized agreement limit to $85,590) resulting in an aggregate agreement amount not-to-exceed $235,590, inclusive of $74,426 for design of Black Gold Storm Drain Improvement; and 2.) Authorize the City Manager to approve additional expenditures up to $11,164 (15% of the proposed amount) in agreement contingencies for potential additional services resulting in a potential FY23/24 agreement amount not-to-exceed $85,590 should all contingencies be authorized.
11. APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY OF YORBA LINDA AND ORANGE COUNTY TRANSPORTATION AUTHORITY FOR COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
1. OCTA Base Line Project Coop - CC-PW-23-050.pdf
2. Attachment 1 - Cooperative Agreement.pdf
It is recommended that the City Council authorize the City Manager to sign the Cooperative Agreement between the City of Yorba Linda and Orange County Transportation Authority (OCTA) for Countywide Signal Synchronization Baseline Project
12. FIVE-YEAR AGREEMENT WITH FLOCK GROUP, INC. TO LOCK IN CURRENT PRICING FOR AUTOMATED LICENSE PLATE READER CAMERAS
1. Five Year Agreement with Flock Group Inc - CC-ADM-23-050.pdf
2. Attachment 1 - Flock Group Five-Year Agreement.pdf
3. Attachment 2 - Dec 20, 2022 Staff Report.pdf
It is recommended that the City Council approve an agreement with Flock Group, Inc. (Flock Safety) in the amount of $504,000 ($100,800 per year) for the continued operation of 36 automatic license plate reader cameras throughout the City of Yorba Linda over the next five years and authorize the City Manager to execute the agreement.
13. RESOLUTION NO. 2023-5866, ADOPTION OF LOCAL HAZARD MITIGATION PLAN
1. Res No. 2023-5866 Local Hazard Mitigation Plan - CC-ADM-23-051.pdf
2. Attachment 1 - Res No. 2023-5866.pdf
3. Attachment 2 - Local Hazard Mitigation Plan.pdf
It is recommended that the City Council approve Resolution No. 2023-5866 adopting the Local Hazard Mitigation Plan (LHMP).
14. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 10-11-23.pdf
It is recommended that the City Council receive and file this report.
15. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-046.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.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS Councilwoman Beth Haney said she serves on the
Transportation Corridor Agencies (TCA)
Board of Directors and announced that the TCA recently had an independent auditing firm, Crowe LLP, review their financials and TCA was issued an unmodified opinion – the highest level of assurance that TCA’s financial statements are fairly stated in all material respects in accordance with generally accepted accounting principles. The TCA has received this unmodified opinion on their audits every year since the TCA's inception in 1986.
She attended the grand opening of UCI's Comprehensive Cancer Center and said the center is unique and treats over 150 different types of cancer and they run clinical trials there as well.
Mayor Pro Tem Tara Campbell responded to the residents who expressed concerns about the Regional Housing Needs Assessment. She said all residents received a postcard with upcoming meeting dates and she assured the residents that nothing is definitive at this time. She said the meetings that have been held have been to obtain residential input and she encouraged residents to attend the upcoming Planning Commission meeting. She offered to meet with the residents to discuss their concerns further.
A conversation ensued among Council and staff regarding the high-density proposed sites and the concerns with Builders Remedy if the Regional Housing Needs Assessment measure on the November 2024 ballot does not pass.
Councilman Carlos Rodriguez thanked the residents who attended tonight's meeting to express their concerns. He reiterated that density decisions have not been finalized and assured that this is a community-driven plan.
Councilwoman Janice Lim said she shares the same concerns as her colleagues and residents regarding housing. She invited residents to the upcoming Wildfire Preparedness Community meeting on Thursday, October 26th.
Mayor Hernandez announced that tomorrow evening he will be providing the annual State of the City address which celebrates everything Yorba Linda has accomplished over the course of the last year and highlights upcoming projects. He shared that his State of the City will be live-streamed on the City's website and Facebook page at 7:40 p.m. and encouraged the community to tune in. Next, he invited residents to the upcoming Wildfire Preparedness Community meeting on Thursday, October 26 from 6 - 8:00 p.m. at Santa Clara Catholic Church to learn essential strategies and tips on how to protect homes and families from the threat of wildfires. Mayor Hernandez concluded by sharing that in anticipation of Veterans Day, the City Council will be recognizing local veterans at the upcoming November 7th Council meeting and encouraged Yorba Linda veterans to RSVP and provide details of their service to be recognized via the City's website or by calling 714-961-7110.
ADMINISTRATIVE REPORTS
16. INITIATING PROCEEDINGS, APPROVAL OF ENGINEER’S REPORT, AND DECLARATION OF INTENT TO BALLOT PROPERTY OWNERS FOR A PROPOSED NEW OR INCREASED ASSESSMENT WITHIN ZONE L-1B COMMENCING FY 24-25
1. Initiation of Prop 218 Increase Assessments LMAD Local Zone L-1B - CC-PW-23-056.pdf
2. Attachment A - Resolution No. 2023-5863.pdf
3. Attachment B - Resolution No. 2023-5864.pdf
4. Attachment C - Resolution No. 2023-5865.pdf
5. Attachment D - LMAD Location Guidelines for Deficit Zones.pdf
6. Attachment E - Engineer's Report for L-1B.pdf
Assessment District Manager Jesse Gutierrez shared a brief PowerPoint overviewing the item which included Prop 218 history on L-1B. He said at the June 7, 2022 Council meeting, during the adoption of the FY 2022/23 Engineer's Report, L-1B was identified as trending to be underfunded and for FY 2024/25 current assessments would need to be increased through a Prop 218 ballot proceeding to fund improvements or there will need to be reductions in maintenance, including vacation of various areas. District Manager Gutierrez said two community meetings were held and a community survey was conducted in order to inform residents. Zone property residents circulated a petition to determine if there was enough support for a successful Prop 218 and they successfully collected 348 signatures, representing approximately 55% of Zone residents. He spoke about the Prop 218 process and next steps.
Kareena Hammell, La Terraza resident, expressed her concerns with the potential assessment. She said the cost of landscaping on her property taxes, in addition to her HOA costs for her community is excessive and many that reside there are senior citizens with fixed incomes. She said her community is the only condominium association in the L-1B Zone. She urged Council to reconsider and take her association out of the proposed zone assessment.
Dan DeSollar, resident, said he and Joe Ham are the lead petitioners circulating the petition for the proposed Prop 218. He commented on the assessment cost and deficit, and shared that the majority of the neighbors he spoke to believe the City should continue to maintain the landscape in L-1B and encouraged Council to approve the item to undergo the Prop 218 ballot process.
Joe Ham, resident, also spoke in favor of the item and asked Council to allow the item to proceed. He said he spoke with Ms. Hammel and he too cannot find an equitable way to distribute the cost as there are some homes that have no publicly maintained landscape areas but said he believes it is favorable for the community as a whole.
A conversation ensued among Council regarding the equitability of assessments and the overall benefit that residents receive in terms of property values, correspondence from La Terraza's Board and what will happen if the assessment is not approved.
Moved by
Lim
Seconded by
Campbell
It is recommended that the City Council: 1.) Adopt Resolution No. 2023-5863, initiating proceedings to levy a proposed new or increased assessment for Local Landscaping Zone L-1B within the Yorba Linda Street Lighting and Landscaping Maintenance Assessment District, commencing Fiscal Year 2024/2025; 2.) Adopt Resolution No. 2023-5864, approving of the Engineer’s Report regarding proposed increased assessment for Local Landscaping Zone L-1B within the Yorba Linda Street Lighting and Landscaping Maintenance Assessment District for Fiscal Year 2024/2025; and 3.) Adopt Resolution No. 2023-5865, declaring its intention to ballot property owners for a proposed new or increased assessment within Local Landscaping Zone L-1B of the Yorba Linda Street Lighting and Landscaping Maintenance Assessment District commencing with Fiscal Year 2024/2025, setting a time and place for a Public Hearing, and authorizing staff to proceed with the balloting procedures.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
17. PROPOSED FOURTH AMENDMENT TO CITY ATTORNEY AGREEMENT
1. Proposed 4th Amend City Attorney Agreement - CC-ADM-23-048.pdf
2. Attachment 1 - Proposed 4th Amendment.pdf
City Attorney Litfin recused himself from the discussion at 8:27 p.m.
Assistant City Manager Christian said the City originally entered into an agreement with Rutan & Tucker, LLP for City Attorney services in January of 2011. Since then, the agreement was amended in March 2017 (First Amendment) for a rate adjustment, in April 2018 (Second Amendment) to add the Yorba Linda Municipal Financing Authority to the agreement, and again in April 2022 (Third Amendment) for a rate adjustment due to the above average Consumer Price Index (CPI) increases. The City Council recently conducted the annual evaluation of the City Attorney and as a result of the positive evaluation is eligible for a CPI rate adjustment. The proposed Fourth Amendment is requesting rate increases of 3.8% for General Services and 3.4% for Special Services as well as Paralegal and Law Clerk rate increases of 2.9%. He said if approved, rate increases would go into effect as of November 1, 2023.
City Attorney Litfin rejoined the meeting at 8:29 p.m.
Moved by
Hernandez
Seconded by
Haney
It is recommended that the City Council approve the Proposed Fourth Amendment to Agreement for Provisions of Attorney Services.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
18. ADA SELF EVALUATION AND TRANSITION PLAN REVIEW AND PUBLIC COMMENT
1. ADA Self Evaluation and Transition Plan - CC-PW-23-054.pdf
2. Attachment 1 - ADA Transition Plan Executive Summary.pdf
3. Attachment 2 - ADA Self-Evaluation Report.pdf
Deputy Public Works Director Rick Yee shared a brief PowerPoint on the item. He said that in an effort to comply with Title II of the Americans with Disabilities Act (ADA) requirements, the City completed a Self-Evaluation and ADA Transition for its public rights of way and public facilities. He said this was also a necessary requirement for agencies who wish to remain eligible for federal funding via the Federal Highway Administration (FHWA). Deputy Public Works Director Yee said the City hired Sally Swanson and Associates as the ADA consultant to prepare the ADA Self Evaluation and Transition Plan. These documents provide a summary of deficiencies, priorities, and recommendations on improving accessibility throughout the City. He said a 30-day public comment period of the documents is scheduled to begin on October 17, 2023 and conclude on November 17, 2023 and comments will be incorporated in a final document. He concluded his report by stating that th e final document, inclusive of public comments, will be scheduled for City Council adoption at the December 19, 2023 City Council Meeting.
Moved by
Rodriguez
Seconded by
Campbell
It is recommended that the City Council: 1.) Allow public comment and provide input; and 2.) Release Draft ADA Self Evaluation and Transition Plan for a 30 day comment period.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Hernandez adjourned the meeting in honor of Mike Andersen, owner of Veteran Air, at 8:36 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on November 7, 2023.