Council Meeting - December 05, 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)
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 Manager Mark Pulone
INVOCATION
Bishop Tom Lindsey, Church of Jesus Christ of Latter-Day Saints
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action on the items discussed on the Closed Session agenda.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF UNSUNG HERO LOUISE HERNANDEZ
Mayor Gene Hernandez invited Louise Hernandez to the podium and recognized her as the last Unsung Hero of the year. He said her volunteer efforts started over 20 years ago when she served as Board Member for the Yorba Linda/Placentia Family YMCA from 2000 to 2010. Mayor Hernandez said she joined the Yorba Linda Woman's Club in 2007 and spoke of the numerous roles she's held, her involvement in the Yorba Linda 11th MEU, St. Martin de Porres Catholic Church, and other local organizations.
Mrs. Hernandez expressed her appreciation for the recognition and was presented with certificates from representatives of the offices of Congresswoman Young Kim, Senator Kelly Seyarto, Assemblyman Phillip Chen, and by Supervisor Don Wagner personally.
PRESENTATION OF PLAQUE TO OUTGOING MAYOR
Mayor Pro Tem Tara Campbell spoke of Mayor Hernandez's term as Mayor and thanked him for his leadership. She invited Supervisor Wagner, Yorba Linda Water District Vice President Trudi Kew DesRoches, and representatives from the offices of Congresswoman Kim, Senator Seyarto and Senator Josh Newman to present recognitions to outgoing Mayor Hernandez. Mayor Hernandez also received a recognition from the office of Assemblyman Chen.
Mayor Pro Tem Campbell then invited Mrs. Hernandez to the podium who said she attended a fundraiser last month and met Dave Stretch who sang Take Me Home Esperanza Road. To commemorate the occasion, she played the song for everyone. Mayor Pro Tem Campbell presented a plaque to outgoing Mayor Hernandez on behalf of the City Council.
Mayor Hernandez expressed his appreciation and gratitude for the recognitions and the opportunity to serve the community as Mayor.
REORGANIZATION OF COUNCIL
A. SELECTION OF MAYOR
Mayor Hernandez turned the meeting over to City Clerk Marcia Brown to conduct the nominations for Mayor.
City Clerk Brown opened nominations for Mayor.
Moved by
Hernandez
Seconded by
Lim
It is recommended that the City Council approve their nominee, Tara Campbell for Mayor.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
B. SELECTION OF MAYOR PRO TEM
Mayor Campbell expressed her gratitude for being selected to serve as Mayor and spoke about the upcoming year.
Mayor Campbell opened nominations for Mayor Pro Tem.
Moved by
Campbell
Seconded by
Hernandez
It is recommended that the City Council approve their nominee, Beth Haney, for Mayor Pro Tem.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
RECESS – RECEPTION IN COUNCIL CHAMBERS LOBBY
Mayor Campbell called a recess at 7:10 p.m. and reconvened the meeting at 7:20 p.m.
SECOND ROLL CALL
Councilmembers Present: Campbell, Haney, Hernandez, Lim, Rodriguez PUBLIC HEARING ITEM NO. 13 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 None.
CONSENT CALENDAR
Mayor Campbell stated that Councilman Hernandez will abstain from Consent Calendar Item 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
Hernandez
Seconded by
Lim
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 – DECEMBER 5, 2023
1. AP Check Register 12-5-23 - CC-FIN-23-050.pdf
2. Attachment 1 - AP Check Register 12-5-23.pdf
It is recommended that the City Council receive and file the accounts payable check register dated December 5, 2023, in the amount of $1,755,088.27.
3. APPROVAL OF THE MINUTES OF THE NOVEMBER 21, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Nov21_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the November 21, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. FIRST AMENDMENT TO AFFORDABLE HOUSING AND PROPERTY DISPOSITION AGREEMENT (ALTRUDY II)
1. 1st Amend Affordable Housing and Property Disposition (Altrudy II) - CC-ADM-23-060.pdf
2. Attachment 1 - First Amendment AHPDA .pdf
It is recommended that the City Council acting as the Housing Successor Entity to the Yorba Linda Redevelopment Agency (“City Council”) approve the attached First Amendment to Affordable Housing and Property Disposition Agreement (“First Amendment”) between the City and Orange Housing Development Corporation (“OHDC”) and C&C Development, which provides for consistency in the revised timeline associated with the Housing Element process.
5. 2024 WAGE ADJUSTMENTS FOR CERTAIN PART-TIME POSITIONS
1. 2024 Minimum Wage Adjustments - CC-ADM-23-059.pdf
2. Attachment 1 - Resolution No. 2022-5834.pdf
3. Attachment 2 - Resolution No. 2023-5868 .pdf
4. Attachment 3 - Salary Schedule Rev. 1-1-2024.pdf
5. Green Sheet - Attachments 2 and 3.pdf
It is recommended that the City Council Adopt Resolution No. 2023-5868 relating to the rate of compensation of certain part-time employees.
6. REVISIONS TO PERSONNEL POLICIES AND PROCEDURES MANUAL
1. 2024 Revisions to Personnel Policies and Procedures Manual - CC-ADM-23-061.pdf
2. Attachment 1 - Resolution No. 2022-5833.pdf
3. Attachment 2 - Resolution No. 2023-5869.pdf
4. Attachment 3 - Personnel Manual REDLINE 2024.pdf
It is recommended that the City Council: 1.) Approve a revision to the City’s Personnel Policies and Procedures Manual by adopting Resolution No. 2023-5869; and 2.) Repeal Resolution No. 2022-5833.
7. MASTER PLAN OF DRAINAGE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2022/23
1. Master Plan of Drainage Dev. Impact Fees Annual Report FY 2022-23 - CC-FIN-23-048.pdf It is recommended that the City Council receive and file the annual report of Master Plan of Drainage development impact fees for the fiscal year ended June 30, 2023, as required by the Mitigation Fee Act.
8. TRAFFIC DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2022/23
1. Traffic Dev. Impact Fees Annual Report FY 2022-23 - CC-FIN-23-049.pdf It is recommended that the City Council receive and file the annual report of traffic development impact fees for the fiscal year ended June 30, 2023, as required by the Mitigation Fee Act.
9. NOTICE OF COMPLETION FOR ADVENTURE PLAYGROUND RENOVATION PROJECT
1. Notice of Completion Adventure Playground Renovation - CC-PR-23-021.pdf It is recommended that the City Council: 1.) Accept the Adventure Playground renovation project, and authorize the City Clerk to file a Notice of Completion with the County Recorder. 2.) Authorize payment of the remaining retention balance of $300,045.20 to be released to Lehman Construction, Inc.
10. DEMOLITION PERMIT REQUEST FOR 5151 HIGHLAND AVENUE
1. Demo Request for 5151 Highland Ave - CC-CD-23-022.pdf
2. Attachment 1 - Demo Request Letter and Photographs.pdf It is recommended that the City Council approve the demolition permit request for 5151 Highland Avenue.
11. PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES - ENGINEERING SERVICES FOR DESIGN PLANS AND SPECIFICATIONS FOR THE ANNUAL PAVEMEMENT PRESERVATION PROGRAM - PORTIONS OF ZONES 5, 6, AND 7 AND ADA RAMP IMPROVEMENTS (PROJECT SI241004)
1. Award PSA to Harris for APPP Zone 7 Design - CC-PW-23-063.pdf
2. Attachment 1 - Vicinity Map.pdf
3. Attachment 2 - Harris and Associates Agreement.pdf
It is recommended that the City Council: 1.) Approve a Professional Service Agreement with Harris and Associates in the amount of $95,400 for engineering services in preparing design plans and specifications for the Annual Pavement Preservation Program (APPP) for Portions of Zones 5, 6, and 7 and ADA Ramp Improvements Project SI241004; and 2.) Authorize the City Manager to approve additional expenditures of up to $14,310 (15% of the proposed amount) in additional contract contingencies for unforeseen additional services that may be necessary during design, for a total potential agreement amount not-to-exceed $109,710; and 3.) Authorize the City Manager to sign and execute the contract services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
12. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-063.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
PUBLIC HEARING
13. LMAD PUBLIC HEARING TO TABULATE PROP 218 BALLOTS AND, CONSIDERATION OF RESOLUTION 2023-5870, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 2024/2025 ZONE L-1B, THE OVERRULING OF ALL PROTESTS CONCERNING THE ASSESSMENTS
1. LMAD Prop. 218 Zone L1B - CC-PW-23-062.pdf
2. Attachment A - Resolution No. 2023-5870 .pdf
3. Attachment B - LMAD Location Guidelines for Deficit Zones.pdf
4. Attachment C - Engineer's Report for L-1B.pdf
a. Open Public Hearing - Mayor Campbell opened the public hearing. b. Staff Report
Senior Management Analyst Austin Postovoit shared a PowerPoint presentation overviewing the item. He shared a diagram of the existing maintenance areas within Zone L-1B and spoke of the community outreach and involvement that has taken place over the last year. He said two community meetings were held on November 9, 2022, and June 21, 2023, along with a community survey to identify potential budget options. He spoke of the history of the zone and the proposed annual maximum assessment rate. Analyst Postovoit concluded by stating that if a majority protest exists, staff will return to Council with a plan for the elimination of subsidies to the Zone, consistent with the LMAD Maintenance Guidelines for Deficit Zones. If a Majority Protest does not exist, the proposed assessment rate will be imposed for FY 2024/25, commencing July 1, 2024. c. Take Testimony -
Pat Callahan, resident, expressed his concerns with possible vacation of the area and shared comments made by other neighbors.
Pam Mikus, resident, said she does not believe this process was transparent and said the City did not inform residents sufficiently about the public hearing. She said this process has divided residents and families and urged the City to abandon the proceedings.
David Krider, resident, said he supports the item but agreed with Ms. Mikus and said he also believes the process was not transparent enough and requested that his ballot be weighted by tax payments into the City's coffers rather than by EBUs.
Ron Schurter, resident, expressed his concerns with the item and thanked Yorba Linda Police Services for their assistance with the traffic stop at the bottom of Camino de Bryant and La Palma.
Richard Cordell, resident, expressed his appreciation with Public Works Director Jamie Lai and staff and said he believes the process has been transparent and residents have been given more than enough time to make a decision. d. Close Public Hearing - Mayor Campbell closed the public hearing.
A conversation ensued among Council regarding the Zone and Prop 218 process.
Mayor Campbell directed staff to begin opening of the ballots at 7:57 p.m. in the lobby of City Hall.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA e. Make Determination
Following the opening of the ballots, Willdan Financial Services Principal Consultant Jim McGuire provided the tabulation of Proposition 218 ballots as follows:
• Yes Votes: $351,296 – 50.14%
• No Votes: $349,300 – 49.86%
Mr. McGuire said the results indicate there is no Majority Protest.
Moved by
Lim
Seconded by
Hernandez
It is recommended that the City Council: 1.) Conduct the Public Hearing upon the proposed assessments, and consider all objections and protests, whether written or oral, if any; and 2.) Close the Public Hearing, and direct staff to tabulate the Proposition 218 Ballots for Local Landscaping Zone L-1B and continue the agenda item until later in the meeting to allow for tabulation and reporting of results; and 3.) Recommence the agenda item at a subsequent time during the meeting and depending upon the circumstances, take the following actions: a.) If a tabulation of ballots exceeds the time of the City Council meeting, continue the tabulation of ballots to a date and time certain, and continue the agenda item to a future City Council meeting; b.) If the ballots can be tabulated during the meeting timeframe and if a Majority Protest does exist for the proposed new or increased assessments for Local Landscaping Zone L-1B, make findings that there is a Majority Protest for the identified zone, abandon the proceedings for that proposed new or increased assessment, and direct staff to bring back a plan for eliminating subsidies to the Zone, consistent with the LMAD Maintenance Location Guidelines for Deficit Zones; or c.) If the ballots can be tabulated during the meeting timeframe and if a Majority Protest does not exist, for Local Landscaping Zone L-1B, adopt Resolution No. 2023-5870, pursuant to the provisions of the Landscaping and Lighting Act of 1972, confirming the diagram and assessments for Fiscal Year 2024/2025 for Local Landscaping Zone L-1B, overruling all protests concerning the assessments, and levy of the assessments confirmed herein.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone thanked former Mayor Hernandez for his service and congratulated Mayor Campbell and Mayor Pro Tem Haney.
Councilman Carlos Rodriguez also congratulated Mayor Campbell and Mayor Pro Tem Haney. He thanked the Richard Nixon Library Presidential Library and Museum for their Winter Wonderland event.
Councilman Hernandez thanked his colleagues and staff for the amazing job they do daily. He also thanked the community for their volunteerism and support. He spoke of the Holiday on Main Street event that took place last week and spoke of the tree lighting ceremony in East Lake Village.
Councilwoman Janice Lim said she has also attended several holiday events and spoke of the small-town feel of the City.
Mayor Pro Tem Haney said Yorba Linda is the greatest City and thanked former Mayor Hernandez for his service.
Mayor Campbell said she is working on having a representative from the California Department of Insurance Office back in the City to help residents who are in need of homeowners insurance options. She said it will likely occur sometime in January and details will be provided when available. She reminded the community that there are only a few days left to submit nominations for the Yorba Linda holiday decoration contest. Entries can be found on the City website and are due on Monday, December 11. She urged residents to showcase their holiday spirit! Mayor Campbell invited everyone to the Holidays on the Paseo on Wednesday, December 20th at 5:40 p.m. at the Yorba Linda Public Library and Culture Arts Center. She said the event will include cookie decorating, special holiday crafts, a hot cocoa station, holiday music, and sparkling lights in a festive atmosphere.
14. CITY COUNCIL INTEREST IN BEING APPOINTED TO ORGANIZATIONS, AGENCIES, AND COMMITTEES
1. Appointments to Organizations, Agencies and Comm. - CC-ADM-23-062.pdf
2. Attachment 1 - List of Current Appointments to Organizations, Agencies and Comm.pdf
3. Attachment 2 - Information re Appointments to Organizations, Agencies and Comm.pdf
4. Attachment 3 - Ordinance No. 2009-928.pdf
Mayor Campbell asked her Council colleagues to communicate their preferences to her by early next week so that appointments can be placed on the agenda for consideration by the full Council.
It is recommended that the Mayor solicit input from his/her fellow Council Members on whether they are available and interested in serving on a particular entity on the list of City Council Appointments to Organizations, Agencies and Committees by Wednesday, December 13, 2023 so that the Mayor can make recommendations for Council approval at the December 19, 2023 City Council meeting.
ADMINISTRATIVE REPORT
15. HOUSING ELEMENT WORKSHOP
1. Housing Element Workshop - December 2023 - CC-CD-23-021.pdf
2. Attachment 1 - Draft Redlined 2021-29 Housing Element.pdf City Attorney Litfin said that for this item, the City Council will be discussing various locations to send to HCD for possible inclusion in the Housing Element. Under the law, he said there are potential conflicts of interest when a location is within a certain distance, 1,000 ft. in this case, of a councilmembers personal property. For this item, Councilwoman Campbell is within 1,000 ft. of two locations: S3-082 and S3-024. Mayor Campbell recused herself from Council Chambers at 8:07 p.m. while Council took action on these two sites and turned the meeting over to Mayor Pro Tem Haney.
Community Development Director David Brantley provided an overview of this project that has taken course over the last several years and said it has been a challenge to develop a housing element that meets the needs of the residents and also accommodates the requirements of the State. He spoke about the City's recent outreach efforts and the involvement of the Resident Working Group.
Planning Manager Nate Farnsworth shared a Draft Housing Element Review PowerPoint highlighting the central, east and west side changes and discussed the consequences of not having a Certified Housing Element, including: Builder's Remedy, fines against the City, loss of local control, and loss of State grants. Manager Farnsworth concluded the presentation by highlighting next steps, what happens if the vote fails in November of 2024 and staffs recommendation.
A conversation ensued among Council regarding Measure B, the work of the Resident Working Group and plan changes.
City Attorney Litfin asked the public if they had any comments regarding sites S3-082 and S3-024 the two sites Campbell has a conflict on and there were none.
Moved by
Hernandez
Seconded by
Lim
It is recommended that the City Council approve the inclusion of sites S3-082 and S3-024 in the draft revised 2021-2029 Housing Element to the State Department of Housing and Community Development (HCD) for review.
AYES (4): Haney, Hernandez, Lim, and Rodriguez
ABSTAINED (1): Campbell
CARRIED (4 to 0)
Mayor Campbell rejoined the meeting at 8:35 p.m. to participate in the discussion of the remaining sites.
Marlene Nelson, resident, voiced her support on the item and thanked staff for working tirelessly with the Resident Working Group.
Kim Racette, resident, expressed her concerns with the inclusion of the Bryant Ranch area and asked Council to remove the 78 units, assign them to Savi Ranch and defeat the petitioners initiative. She said this will not pass on the November 2024 ballot without the vote from East Yorba Linda.
Don La Commare, resident and Resident Working Group participant, suggested a monthly resident communication program to provide clear facts to residents and address Bryant Ranch Shopping Center owners. He expressed concerns with the potential competing ballot measure on the November 2024 ballot from the Bryant Ranch Shopping Center owner and spoke of fire risks and the need for an AI evacuation program. He concluded his comments by expressing support for the County veteran's cemetery but urged the City to talk to the County about potential increased traffic.
Cathy Dicken, resident, said residents need more time. She expressed concerns with development, increased traffic and its impacts on those needing emergency care. She urged Council not to approve including the 78 units in Bryant Ranch.
Victoria Tejeda, resident, spoke about the increased dangers of fire and the concerns of only one ingress and egress to her community, the impacts of higher density and additional traffic. She said when she heard the Bryant Ranch owner is competing with his own initiative, she personally knocked on over 200 homes to educate residents who were misinformed by signature gatherers. She said residents are not informed and many are confused and asked Council to defer the 78 units allocated to Bryant Ranch.
Gilbert Nunez, resident, expressed concerns with gridlock due to increased traffic.
Stephanie Nichols, resident and member of the Resident Working Group, commended staff and the City for their efforts and coordination with the Resident Working Group to reach residents and ensure as much transparency as possible. Ms. Nichols urged Council to submit the revised Housing Element to HCD.
Janice Morger, resident and member of the Resident Working Group, urged Council's support of the item and requested that they approve sending it to HCD. She expressed concerns with the petition that is being circulated by the Bryant Ranch owner.
Diane Kanne, resident and member of the Resident Working Group, urged Council to submit the draft housing element to HCD. She said the group spoke extensively about all of the sites and the assigned allocations.
Pam Mikus, resident, also expressed concerns with the proposed County veterans cemetery and increased traffic for the Bryant Ranch area and voiced concerns with additional units being allocated to that area. She suggested looking at Savi Ranch instead or housing above parking garages.
Dave Ramocinski, resident, said the state's mandate was very unreasonable and thanked staff for the significant amount of hours and efforts. He expressed his support of the item and voiced concerns about Builder's Remedy if the measure fails in November.
Robin Rubinstein, resident, expressed concerns with fires and urged the consideration of another ingress/egress to the community.
Richard de Bruijn, resident and member of the Resident Working Group, expressed support for the item.
A conversation ensued among Council and staff regarding the proposed draft housing element, the units allocated to Bryant Ranch and evacuation concerns.
Moved by
Hernandez
Seconded by
Haney
It is recommended that the City Council direct staff to submit the draft revised 2021-2029 Housing Element to the State Department of Housing and Community Development (HCD) for review.
AYES (5)
Rodriguez, Hernandez, Haney, Campbell, and Lim
CARRIED (5 to 0)
RECESS
Mayor Campbell called a recess at 9:55 p.m. and reconvened the meeting at 10:08 p.m., and returned to the Public Hearing item for the ballot tabulation results.
ADJOURNMENT
Mayor Campbell adjourned the meeting in honor of Bill Krelle, former Public Works Inspector who served the City for almost 30 years, at 10:11 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on December 19, 2023.