42 Comparison of each site’s data values with the regional tolerance interval calculated from the random sites, which will help answer Question 5: Which sites exceed the overall regional average by a substantial amount in one or more constituents? Comparison of each site’s data values with relevant guidance levels, which will help answer Question 3: What are the characteristics of urban dry weather runoff at specific locations that may present higher risk?
Calculation of a site-specific control chart for each individual targeted site, which will help answer Question 6: Which sites exhibit substantial changes in their characteristics over time that could be indicative of worsening or improving conditions?
Methods for comparing data values to guidelines and/or standards, and for constructing control charts, are the same as described above (Section 3.2.1.3) for the random site data analysis.
The results of these three analyses will be combined with professional judgment to identify those sites that are candidates for further source identification efforts by the Permittees (see Section 3.3 for more detail).
3.2.3 Periodic reevaluation
Each year’s monitoring results will be used to reevaluate the two main aspects of the Program’s design, the random and the targeted monitoring elements.
First, the first year’s data from the random sites will be used to assess the need for continued measurement of background conditions at the original level of sampling intensity. If the tolerance interval bounds are effective and stable, then it may be feasible to reduce the random sampling effort and allocate these monitoring resources to higherpriority issues. Any decision to cut back the random, or background, portion of the Program must take into account the need to monitor for longer-term trends in background conditions. Once the current background conditions are established, one sampling event per year may serve to track trends, especially if the south County data can be combined with data from the remainder of Orange County and from other Counties as part of any Stormwater Monitoring Coalition (SMC) regional monitoring effort.
The Southern California Stormwater Monitoring Coalition (SMC) is a partnership of the lead municipal stormwater Permittees and RWQCBs in southern California, and the Southern California Coastal Water Research Project (SCCWRP). The SMC has endorsed regional cooperation and has agreed to collaboratively fund research that will improve stormwater monitoring efforts. The SMC has developed a research agenda to direct its activities and more information on both the SMC and the research agenda can be found at: ftp://ftp.sccwrp.org/pub/download/PDFs/358_stormwater_workplan.pdf.
43 Second, the list of targeted sites will be reevaluated each year to determine whether an individual site requires further monitoring by the County or whether monitoring can be shifted to another targeted site that has yet to be monitored. Monitoring will be discontinued at a particular site when:
Multiple sampling events find no evidence of elevated values compared to the regional tolerance interval
An IC/ID effort, led by the relevant Permittee, is underway and does not require further County monitoring data from the targeted site
An IC/ID effort has found the source of elevated values.
In such cases, the Program will identify additional priority sites and shift monitoring effort to those.
3.3 Criteria for Source Identification Studies
When sampling data from the County’s routine dry weather program exceed certain criteria, then this will trigger a consideration of whether follow-up investigations by the Permittees are warranted, in accordance with permit conditions E.4.d.4 and E.4.d.5.
These criteria are designed to identify sites that:
Exceed the overall regional average by a substantial amount in one or more constituents
Exhibit substantial changes in their characteristics over time that could be indicative of worsening or improving conditions. (It may be informative to continue monitoring where conditions are improving in order to gain information that could be useful elsewhere.)
These criteria correspond to questions 5 and 6 in Section 3.1 and will help to focus follow-up investigations on those sites that may pose the greatest potential risk to receiving waters. Because the Dry Weather Monitoring Program’s primary focus is prioritizing IC/ID detection and elimination studies, the threshold levels for the tolerance intervals and the control charts will be set at levels that will be high enough to focus follow-up sampling on those instances that are clearly beyond average conditions and therefore represent the highest-priority problems.
The tolerance interval will initially be set at the 90th percentile (or the .90 quantile), with allowance made for sampling variability around that estimate (see Appendix 2).
The control chart threshold will be set at 3.9 standard deviations beyond the mean.
Given the large number of comparisons to be performed each year (approximately 1000, resulting from the large number of parameters being measured at all 60 sites), false positives will unavoidably occur. As Appendix 2 explains, numerical simulations estimate that the false positive rate at this threshold will be 0.05, which is equivalent to
44 about 50 false positive results per year. While this appears to be a substantial number, it represents a reasonable starting point for three reasons:
It is analogous to setting the α level at 0.05, a common procedure in statistical tests A single exceedance of the threshold by a single parameter will not necessarily trigger a follow-up IC/ID investigation. With the exception of values that are clearly extreme, the guidance levels will be considered in the context of the tolerance level and control chart results, and then assessed with professional judgment. The control chart results will not be used in isolation to initiate a follow-up investigation; they will be combined with results of comparisons to the regional tolerance interval and to any relevant guidance levels, and then assessed with professional judgment.
The flowchart in Figure 3-6 illustrates the steps involved in establishing the criteria that would trigger a consideration of follow-up investigations:
The random sites will be used to establish a tolerance interval for each monitored pollutant. The tolerance interval will be applied to data from the entire region and will be used to identify sites that exceed the overall regional average for a particular pollutant.
Data from all sites (both random and targeted) will be used to establish site-specific control charts for each pollutant. The control charts will be applied to data on a site by site basis to identify sites whose characteristics change substantially over time. Data that exceed either a tolerance interval or a control chart bound will be confirmed with data from the next sampling event. If this second sample does not confirm the exceedance, then routine sampling will continue. If exceedances of either tolerance intervals or control chart bounds are confirmed, then these data will be further evaluated by comparison to guidance levels and with professional judgment. Only after passing through these two additional steps will follow-up source identification efforts be initiated.
Professional judgment will be based on knowledge of and past experience with past contamination patterns. For example, extreme pH values are evidence of a problem, as are oil sheens and the presence of dead animals, and a dissolved oxygen value of < 1 ppm on a sunny day. In addition, elevated nutrients can be evidence of agricultural activity, high pH values of concrete waste, and extremely turbid water of a grading violation. A finding of elevated copper levels is indicative of printed circuit board operations, especially when combined with low pH and the presence of soluble cyanide. Elevated bacteria levels, combined with ammonia, MBAS, COD, BOD, turbidity, and odor suggest a sewage spill. The findings of the IC/ID studies will be used to refine the screening process as the program develops.
45 At any time, if extreme data values warrant it, the tolerance interval and control chart steps may be bypassed to consider whether source identification studies should be initiated as soon as is feasible.
When the County has identified a site that meets the criteria in Figure 3-6, it will notify the appropriate City representative that follow-up IC/ID efforts should be initiated.
However, if the monitoring program finds extreme conditions that represent a clear and immediate risk to human health or receiving water quality, or that provide unambiguous evidence of a substantial upstream problem, then this routine procedure will be bypassed and the relevant inspector for that City notified immediately. In both kinds of instances, if the monitored site is near a jurisdictional boundary and the upstream drainage network for the site extends into a neighboring jurisdiction, both the jurisdiction containing the site as well as the jurisdiction containing the upstream portion of the drainage network will be notified.
The County plans to deliver monitoring data to the cities as soon as reliable data are available:
Visual observations of obviously extreme conditions will be reported to the relevant city immediately
Data from the field screening samples should be available within a few days at the most
Bacteria data should be available from the laboratory within one to two weeks Preliminary results of the dissolved metals analyses should be available from the Program’s laboratory within one week
Other analytical chemistry results will be forwarded to the cities as soon as it is received from the contract laboratory and processed through a set of quality control checks. In most cases, this will be accomplished within 45 days of the sampling data.
In addition, the County will carry out the procedure described in Section 3.3 after each sampling event and notify the relevant city of any sites that require follow-up IC/ID investigations within 21 days of receipt of the data from the laboratory.
46 Table 3-3 Analytical Methods Used for Field Screening and Laboratory Analyses.
Parameter Method HACH Method Standard Method EPA Method Field screening analyses Turbidity Turbidimeter - Nephelometric
pH, specific conductance, dissolved oxygen and water
Multi-parameter probe
Reactive Phosphorous 8048 - Ascorbic Acid Nitrate Nitrogen 8039 - Cadmium Reduction Ammonia Nitrogen 10031 - Salicylate Phenol 8047 - 4-Aminoantipyrine Surfactants (MBAS) 8028 - Crystal Violet Total hardness 8213 - Digital Titrator with EDTA
Laboratory analyses Oil and grease 5520B 1664 Diazinon and chlorpyrifos (GCMS) 525.2
Cadmium (dissolved) 3125B 200.8 Copper (dissolved) 8506 - Bicinchoninate Method 3125B 200.8 Lead (dissolved) 3125B 200.8 Zinc (dissolved) 3125B 200.8 Fecal coliform bacteria 9222D Enterococcus bacteria 9230C Total coliform bacteria 9222B 9132 Total chlorine 8167 - DPD Method Total suspended solids (TSS) 2540D 160.2
47 Table 3-4 Guidance Levels for Field Screening and Laboratory Analytical Parameters.
Analyte Guidance Levels Source / Notes
Field screening
Turbidity (NTU) Best professional judgment WQOs relevant to inland surface waters are not available. Base
judgment on channel type and
bottom, time since last rain,
background levels, and visual
observation (e.g. unusual colors).
pH <6.5 or >9.0 Basin Plan, w/ allowance for
elevated pH due to excessive
photosynthesis. Elevated pH is
especially problematic in
combination with high ammonia
Conductivity (µmhos/cm)
or TDS (mg/L)
5000 µmhos/ cm
conductivity or
~3500 mg/L TDS
Professional judgment. EC may
be highly elevated in some
regions due to high-TDS
groundwater exfiltration to
surface water, mineral dissolution
and seawater intrusion. Normal
source ID and discharge
elimination work is not effective
in these situations. Conversion
factor for EC to TDS is
approximately 0.7.
Temperature (F or C) Best professional judgment Base judgment on season, air temperature, channel type, shade,
etc.
Reactive Phosphorous
(orthophosphate-P) (mg/L)
2.0 USEPA Multi-sector General
Permit
Nitrate-Nitrogen (mg/L) 10.0 Basin Plan, and drinking water standards
Ammonia-Nitrogen (mg/L) 1.0 Staff and Permittee experience, may also consider unionized
ammonia fraction.
Phenol Any occurrence Found only very rarely during
field screening program. Any
occurrence would be unusual.
48 Analyte Guidance Levels Source / Notes
Surfactants (MBAS) (mg/L) 1.0 Basin Plan, w/ allowance based on relevant field experience and
possible field reagent
interferences.
Laboratory
Oil and Grease (mg/L) 15 USEPA Multi-sector General
Permit. If a petroleum sheen is
observed, the sample should be
collected from the water surface.
Diazinon (µg/L) 0.5 Acute LC50 for aquatic
invertebrates range from 0.2 µg/L
for Gammarus fasciatus to 4.0 µg/L
for Hyallela azteca
Chlorpyrifos (µg/L) 0.5 Acute LC50 is 9 µg/L rainbow
trout, higher for other fish,
decreased survival and growth
for fathead minnow at 30-day
chronic exposure of 2 µg/L.
Dissolved cadmium,
copper, lead, zinc
California Toxics Rule Use CTR table, 1-hour criteria,
adjusted for hardness, to
determine appropriate action
level for individual samples.
Fecal Coliform (MPN or
CFU/ 100 mls)
31,000 MPN or CFU/100
mls
The 75th percentile of all data
collected during the Aliso
directive monitoring program
between May 1 and September 30,
2001 and 2002.
Enterococcus (MPN or
CFU/ 100 mls)
20,000 CFU/100 mls The 75th percentile of all data
collected during the Aliso
directive monitoring program
between May 1 and September 30,
2001 and 2002.
Total Coliform (MPN or
CFU/ 100 mls)
160,000 MPN or CFU/100
mls
The 75th percentile of all data
collected during the Aliso
directive monitoring program
between May 1 and September 30,
2001 and 2002. However, this is
an underestimate because the
upper detection limit was 160,000
and many values were above the
detection limit.
Total suspended solids
(mg/L)
50 Region 9 groundwater
dewatering permit for
construction projects
49 APPENDIX 2: SAN DIEGO REGION DRY WEATHER ANALYSIS METHODS A.0 Technical Appendix: Data Analysis Methods
A.1 Tolerance Intervals – Comparing Parameter Levels With Background It will be useful to find unusual parameter measurements indicating potential problems at a location. Before we can define “unusual,” we need to know what constitutes “usual” or background parameter levels. Thirty sites have been randomly selected for the purpose of defining the County background, or reference, distribution of parameter values for the County as a whole. Measurements taken at other selected locations can then be compared to these background levels, and measurements with a relatively low probability of being part of the reference population distribution will be flagged for further study.
The reference parameter measurements will cover a range of values, and some sort of comparison with this range is appropriate. Direct comparison with the maximum or minimum reference measurement does not take into account the uncertainty from sampling error. A better comparison would be with a quantile toward the tail of the reference distribution (Splitstone 1991,Kilgour & Somers 1998). A quantile of a distribution is the measurement value that exceeds a selected proportion of the data.
Instead of directly estimating a quantile, we can take into account sampling error by instead using the confidence interval bound of the quantile. The 1−α confidence interval of the pth quantile of a distribution is called a p, α tolerance interval (Hahn & Meeker 1991,Vardeman 1992). Given the definition of a confidence interval, a computed tolerance interval bound is expected to cover the true quantile of the population distribution1−α proportion of the time.
The choice of p to use for the tolerance intervals depends on the desired sensitivity of the comparison with background levels. If one wants to flag only the very worst measurements, the p=0.95 or p=0.99 could be used (for parameters problematic at high values). The resulting quantiles will be toward the extreme edge of the reference distribution. On the other hand, if one wants to be more cautious and flag more values that might potentially be a problem, then lower values of p could be used. The value chosen for the tolerance interval α can also affect the sensitivity of the comparison with reference. However, it is more convenient to keep α constant at 0.05 and vary p to obtain the desired level of sensitivity.
The choice of computational method for tolerance intervals depends on the sampling design and whether parametric assumptions can be met. The most common type of tolerance interval assumes that the data observations are independent and are normally distributed. Here, an upper p, α tolerance interval bound ( Ub ) is computed as Up, b xks =+ α , (0.1)
and a lower bound ( L b ) is computed as
50 L pn ,, b xk s =− α . (0.2)
The x is the estimated parameter mean, s is the estimated standard deviation, and pn ,, k α is a factor that depends on the chosen p,α, and sample size n. The pn ,, k α values can be obtained from tables in Hahn & Meeker ( 1991) and Gilbert ( 1987), or can be directly computed as follows (Portugal 1992).
The upper bound Ub will be used when the parameter of interest is problematic at higher values, e.g., metals or bacterial concentrations. On the other hand, L b would be used for parameters potentially harmful at lower concentrations, for example, pH and dissolved oxygen. In practice, if the concentration of a parameter harmful at high levels exceeds the computed Ub for that parameter, then the parameter would be flagged as being high compared with the background levels in the County. Similarly, parameters harmful at lower levels will be flagged when measurements are below L b .
If the data do not appear to originate from a normal distribution (and cannot be transformed to normality), non-parametric tolerance intervals can be computed (Woodward & Frawley 1980,Hahn & Meeker 1991). The non-parametric methods still assume that the observations are independent.
The assumption of independence will only hold when computing tolerance intervals from a single survey. When more than one survey within a year is used, the replicate values at a location will tend to be correlated, and when more than one year is used, the data from the same location will be correlated over time, and the data within each year will tend to be correlated.
The lack of independence among the observations will provide tolerance interval bounds that cover the true quantile of the reference distribution at a lower rate than that specified by the chosen nominal α value. At this point, there are two options, which are:
1. Compute tolerance interval bounds only for single surveys, where the data are independent. These bounds would be compared to the parameter values from the same survey only.
2. Use all the data and choose a suitable method of computation. Since the same 30 locations are revisited each year, the statistical model will correspond to a crossed year by location ANOVA model. If there is a year-to-year trend in the data, then years can be considered a covariate and the mixed ANOVA method proposed by Vangel ( 1994) can be used. If there is no year-to-year trend in the data, the random crossed model developed by Smith ( 2001) can be used. An advantage of the Smith ( 2001) method is that the computed bounds can be applied to surveys and years where no random data are available.
51 The second option has the advantage of being based on more data, which in turn may provide better estimates of tolerance interval bounds. However, the simplicity of the first option is attractive. Another advantage of the first option is the availability of nonparametric methods for this situation. The methods in the second option are parametric, assuming the data within the years are from a normal distribution.
Nonparametric analogues for these statistical model have not been developed at this time. At the very least, the first option will be used for the first survey in the first year.
This will allow for immediate identification of outlier locations.
If after multiple years of monitoring, it becomes evident that the parameter levels at the randomly chosen locations are not trending over time, then sampling of the random locations can be discontinued or performed less frequently. In this case, the Smith ( 2001) method can be used to compute tolerance interval bounds that can be applied to years and surveys where no random samples are taken.
A.2 Control Charts – Detecting Parameter Changes Over Time at a Location Measurements will also be obtained at the targeted sites, which are fixed locations of interest because of their elevated potential for contamination. It will be useful to observe the parameter values over time at both these targeted sites and the random sites and detect when significant changes from previously observed parameter levels have taken place. Such information will be useful for detecting the presence of new or slowly increasing inputs. For this purpose, Shewart and CUSUM control charts will be used to monitor each location over time.
A.2.1 Shewart control charts
A Shewart control chart (Shewart 1931,Gibbons 1994) is simply a plot of time (x-axis) vs. the concentration of a parameter of interest (y-axis). On the plot, a horizontal line is drawn at the control limit set at µ + Zσ , where µ is the mean and σ is the standard deviation of the parameter. Z is a quantile from the standard normal distribution, used to control the sensitivity of the chart to outlier values and to control the rate of false positive indications of outlier status. Values above the horizontal line will be flagged as unusually high values deserving of further attention. Figure A-1 shows an example of a Shewart control chart with Z=4.5, which means that data values more than 4.5 standard deviations above the mean will be flagged. If we are concerned with low values of a parameter, the control limit of the control chart can be set at µ − Ζσ and measurements below this limit will be flagged.
52 Figure A1. Example of a Shewart control chart.
Date
Nitrate (mg/L)
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
4 5 6 7 8 9 10 11 12
µ
µ +4.5σ
Points occurring above the solid horizontal line (the control limit) are considered outliers of concern. The point on the last date would be flagged as an outlier. In this example, the mean ( µ ) is 5.0 and the standard deviation (σ ) is 1.5.
The µ andσ values are usually estimated from historical data. The locations in the present monitoring design lack such historical data. Thus, the data from the first year will be used to compute initial estimates of µ andσ , and control charts will not be used until the second year of monitoring. Subsequent observations will be compared with the control limit and then be used to re-estimate the means and standard deviations and update the control limit for future observations.
The more measurements compared with the control limit, the higher the probability that some data values might occur outside the control limit by chance alone (false positives).
To adjust for the multiple tests, a higher value of Z is used. However, if too high a Z value is used, the rate of finding the true outliers (false negatives) becomes too low. To provide balanced rates of false positives and false negatives, confirmation samples will be obtained and analyzed when a value is found outside the control limit. If the confirmation sample measurement is also outside the control limit, then the value is considered outside the control limit (Gibbons 1994). The confirmation samples should be obtained on a sampling date after the date of the original sample.
Simulations were performed to estimate appropriate Z values for the Shewart charts with the proposed design.
53 Table A-1. Recommended Z values for dry weather monitoring.
Time Period # Tests/Facility False Positive
Rate
Z
After first year 4800 0.05 3.9
0.01 5.0
Table A-1 provides Z values to use for the control charts. Z values for two false positive rates are given. Using the higher false positive rate (0.05) will make for more sensitive tests, but require more confirmation samples. If time or monetary resources for large numbers of confirmation samples are limited, the lower false positive rate (0.01) should be used.
The total numbers of tests were computed as follows. A monitoring program of five years is assumed. There will be no tests the first year as data are gathered to estimate µ and σ. Thirty random locations will be sampled three times a year and thirty targeted locations will be sampled five times per year, and 17 parameters will be measured. Some of the measured parameters will correlated, so 5 sets of intercorrelated variables are assumed. These five sets are treated as five independent variables since the computations assume that the parameters are independent. Given these numbers, there will be (4 years of tests) x [(5 observations/year for targeted locations) x (30 targeted locations) + (3 observations/year for random locations)] x (30 random locations)] x (5 parameter sets) = 4800 separate tests.
A.2.2 CUSUM control charts
CUSUM control charts are charts with time on the x-axis and standardized parameter measurements on the y-axis. An index summarizing cumulative inputs above a chosen level is superimposed in the chart. CUSUM control charts are sensitive to smaller, gradual changes in parameter values at a single location (Gibbons 1994). At a location, for each sampling period, the cumulative sum Si is computed as i ii max(0, )1 S z kS = −+ − , (0.3)
where i is the index of the current time period, k is a factor selected to be approximately one half the size of a difference worth detecting, and
i
i
x
z µ
σ
− = . (0.4)
In (0.4), xi is the parameter measurement at time i, µ is the presumed mean and σ is the presumed standard deviation of the population of parameter values over time at the location. The µ and σ will need to be estimated from the first year’s data and the estimates updated as more values become available. Formula (0.3) pertains to parameters that are harmful as values increase. When harm is associated with decreasing values, instead use
54 ii min(0, ) i 1 S kz S = −− − .
When Si reaches a preset value h, the parameter is considered outside the CUSUM control limit, and flagged as a parameter that has changing over time. When using the CUSUM control charts, the recommended values are h=5 and k=1 (Gibbons 1994).
Figure A-2 shows an example of a CUSUM control chart.
Date
z for Nitrate
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
-1 0 1 2 3 4 5
h
Figure A-2. Example of a CUSUM control chart. The solid line is Si in (0.3). The example is based on a simulation where k=1 and the mean value of Nitrate increased by 1.08 standard deviations in 1994.
Using both Shewart and CUSUM control charts allows for more comprehensive monitoring where sudden changes are detected with the Shewart chart and cumulative smaller changes are detected with the CUSUM chart. Both control charts could be expressed in a single plot, but would require that the y axis of both charts be converted to either the zi or the original measurement scale.
Control chart issues
Both methods assume the data are normally distributed. If the raw data measurements do not appear to be normally distributed, then the data should be transformed to approximate normality if possible. Most often, this can be accomplished with a log or
55 square root transform with the present type of data. The method of Box and Cox ( 1964) is helpful in finding a suitable transformation.
Since historical data are not available at the sampling locations, the required means and standard deviations need to be estimated as data become available from the monitoring program. Outlier data points should not be included in the mean and standard deviation estimates, since the outliers can inflate the standard deviation and decrease sensitivity for detecting future outliers. The parameter values outside the Shewart control limit are obviously outliers, but outlier detection methods could also be used, e.g., Dixon ( 1953), Davies and Gather ( 1993).
The methods also assume there is no trend over time in the parameter data used to estimate the mean and standard deviation. When a linear trend is found, the data can be detrended first as (Gibbons 1994)
*
ii x =− xt β , (0.5)
where *
i x is the detrended value, xi is the original parameter value, t is the year index (starting with 1,2, ..) and β is the slope from a linear regression of xi vs. year index. The mean and standard deviations are computed from x*, but the original x values are compared with the resulting control limits.
The estimates of mean and standard deviation also assume that the data measurements are independent with a fixed underlying mean and variance. This assumption will not strictly be met where the underlying parameter mean varies from year to year. The effect of this violation of assumptions will cause the variance to be underestimated, which in turn leads to more conservative control limits (in the direction of greater environmental protection).
Intercorrelated subsets of the measured parameters will tend to occur outside the control limits at the same time. When this happens, it may not be necessary to make confirmatory measurements for all the measured parameters in the subset. If it is confirmed that the one of the parameters is outside the control limit, it would reasonable to assume that the other parameters in the subset are also outside the control limit. This approach could reduce the number of confirmatory reanalyses required.
References
Box, G. E. P., and D. R. Cox. 1964. An analysis of transformations. Journal of the Royal Statistical Society, Series B 26:211-252.
Davies, L., and U. Gathers. 1993. The identification of multiple outliers. Journal of the American Statistical Association 88:782-792.
Dixon, W. J. 1953. Processing data for outliers. Biometrics 9:74-89.
56 Gibbons R. D. 1994. Statistical Methods for Groundwater Monitoring. John Wiley & Sons, New York.
Gilbert R. O. 1987. Statistical Methods for Environmental Pollution Monitoring. Van Nostrand Reinhold Co., New York.
Hahn G. J., and W. Q. Meeker. 1991. Statistical Intervals. A Guide for Practitioners. John Wiley & Sons, New York.
Kilgour, B. W., and K. M. Somers. 1998. The statistics of testing generic biological criteria. SETAC News 18:20-22.
Portugal, S. 1992. A SAS program to compute factors for one-sided tolerance limits for a normal distribution. Pages 1231-1234 in Proceedings of the 17th Annual SAS Users' Group International Conference.
Shewart W. A. 1931. Economic Control of Quality of Manufactured Product. Van Nostrand, Princeton, NJ.
Smith, R. W. 2001. The use of random-model tolerance intervals in environmental monitoring and regulation. Journal of Agricultural, Biological, and Environmental Statistics 7:74-94.
Splitstone, D. E. 1991. How clean is clean, statistically? Pollution Engineering 90-96.
Vangel, M. G. 1994. One-sided b-content tolerance intervals for mixed models. Pages 200-206 in American Statistical Association 1994 Proceedings of the Section on Physical and Engineering Sciences.
Vardeman, S. 1992. What about the other intervals? The American Statistician 46:193- 197.
Woodward, W. A., and W. H. Frawley. 1980. One-sided tolerance intervals for a broad class of lifetime distributions. Journal of Quality Technology 12:130-137.
Table 2-1 Distribution of Monitoring Types Across Program Elements Program Element Core Monitoring Regional Monitoring Special Studies Mass Loading Chemical and flow monitoring
Toxicity testing with marine or
freshwater organisms
Share stations with Nutrient and
Toxics TMDLs
Participation in the SMC regional
model monitoring design
Toxicity tests at higher dilutions TIEs Upstream source identification Participation in the SMC regional model monitoring design
Estuary Wetlands Chemical, biological, toxicity
monitoring
Application of regional BRI to
benthic infauna results
Participation in Bight ’03 estuaries
assessment
Participation in the SMC regional
model monitoring design
Toxicity tests at higher dilutions TIEs Upstream source identification Upland contamination Other studies suggested by monitoring results
Bacterial / Pathogen Bacterial indicators in inland
channels
Adaptive design for coastal
stormdrains
Participation in Bight ’03
stormwater plume tracking study
Participation in the SMC regional
model monitoring design
Reprioritization of design and
source tracking
Stormdrain / surfzone correlations Assessment of improved indicators Bioassessment Bioassessment monitoring
with DFG methods
Chemical monitoring Toxicity testing with
freshwater organisms
Application of regional IBI (when
available)
Participation in the SMC regional
model monitoring design
Toxicity tests at higher dilutions TIEs Upstream source identification Participation in the SMC regional model monitoring design
Participation in SMC development
of regional IBI
Reconnaissance Monitoring at targeted sites to Participation in the SMC regional Upstream source identification
Program Element Core Monitoring Regional Monitoring Special Studies identify potential IC/IDs model monitoring design (Seal Beach only) Land-use Monitor water and sediment
quality before and after land use changes
Other studies suggested by
monitoring results
Nutrient TMDL Monitor compliance with
regional TMDL targets
Monitor compliance with regional
TMDL targets
Develop and implement new
and/or additional studies as 303(d) information is updated
Table 2-2 Summary Monitoring Program Overview
Program Element Targeted Areas # Sites Frequency/Yr Monitoring Parameters Additional Studies Mass Emissions Huntington Harbour/Anaheim Bay
Coastline between Huntington
Harbor and Newport Bay
Upper/LowerNewport Bay North Orange County
12 3 storm
events
3 dry weather Phase in 3 N.
County sites over 3 yrs
Nutrients, OP pesticides, metals,
bacti, dissolved organic carbon (DOC), toxicity (2 storms/2 dry weather), herbicides Toxicity tests at
higher dilutions
TIEs Upstream source ID
Estuary / Wetlands Estuaries (Talbert Marsh, Upper
Newport Bay, Huntington Harbour/Bolsa Bay)
Related channels (Talbert
Channel, San Diego Creek, Santa Ana Delhi Channel, Costa Mesa Channel, East Garden Grove Wintersburg Channel) 12 6
2 storm
events
2 dry weather UNB monthly UNB toxicity
only at UNBJAM, UNBSDC
See Mass
Emissions
Nutrients, OP pesticides, metals,
bacti, DOC, aqueous toxicity, sediment toxicity, TOC & particle size (sed), benthic infaunal analysis Toxicity tests at
higher dilutions
TIEs Upstream source ID Bight ’03 link Upland
contamination (scoping)
Bacteriological Inland creeks/channels
Coastal drains not monitored by
HCA or OCSD
6 TBD
Weekly in
dry weather
Total coliform, fecal coliform, Enterococcus
Reprioritization Upstream source ID Drain/surfzone
correlations
Assess improved
indicators
Urban Stream To be determined with RB8 and 11 (dry-weather Bioassessment, nutrients, metals, Additional chemistry
Program Element Targeted Areas # Sites Frequency/Yr Monitoring Parameters Additional Studies Bioassessmnet SCCWRP assistance May and
October)
OP pesticides, toxicity testing Toxicity tests at
higher dilutions
TIEs Upstream source ID
Reconnaissance Commercial/industrial, new
development
30 5 dry
weather
DO, pH, EC, T, OP pesticides,
dissolved metals, O&G or TPH, MBAS, bacteria, TSS
Source ID (by cities)
Land Use
Correlations
Newport Bay watershed 2 areas
? sites /
area
? storm
events
? dry weather
Same as mass emissions TBD
Nutrient TMDL Newport Bay watershed
Upper Newport Bay
9 channel 5 UNB 9 UNB
Biweekly Monthly 9/yr
Nutrients Nutrients Algal biomass
TBD
Table 2-3 Relationship of Permit Objectives to Monitoring Program Elements Permit Objectives Long-term
Mass
Loading
Estuary /
Wetlands
Bacterial /
Pathogen
Urban Stream
Bioassessment
Reconnaissance Land-use Correlations Nutrient TMDL
1. Effective runoff & source control program 2. Define status, trends, & impacts X X X X X X X 3. ID pollutants & assess land-use effects X X X X X 4. ID significant problems X X X X X X X 5. ID other sources of pollutants 6. ID & prohibit illegal discharges X 7. ID sensitive waters X X 8. Evaluate municipal programs X X X X X X X 9. Evaluate costs & benefits of municipal programs
Table 2-4 Specific Monitoring Objectives of the Program Elements Long-term Mass Loading
Estuary / Wetlands
Bacterial / Pathogen
Urban Stream Bioassessment
Reconnaissance Land-use
Correlations
Nutrient TMDL
Management goal(s) Steady improvement Describe impacts Prioritize problem areas Describe conditions / impacts
Describe
relationship to runoff
Identify potential
IC/IDs
Describe
consequences of change
Monitoring strategy Measure actual
targets at individual sites
Assessment Measure suite of
indicators across the region
Measure suite of
indicators
Measure suite of
pollutants at specific sites
Before-after
experimental design
Certainty / precision Moderate Moderate Moderate Moderate Moderate Moderate Reference condition Historical data Historical data Ecological
theory
Empirical
expectations
Standards Internal
comparisons
Reference
watersheds
Regional IBI
Historical data Regional
background
Before condition
Spatial scale Site specific Individual
system
Site-specific Regional
Site specific Regional
Site-specific Site-specific
Regional
Temporal scale Years to
decades
Annual to
years
Weekly to
seasonal
Year-to-year Seasonal to years Years
Table 3-1 Ongoing Monitoring Efforts in Wetlands and Estuaries * Agency Talbert Marsh Upper Newport Bay Bolsa Bay / Bolsa Chica Marsh
Huntington Harbour
Audubon bird counts (monthly) Coastal Res. Mgmt. vegetation surveys for Salt Marsh Bird’s Beak
Cal. State Univ. LA Water and sediment County of Orange Micro algae Chemistry County of Orange Sediment Dept. Fish & Game Least Tern nesting sites (summer) Dept. Fish & Game Marine Life Inventory (monthly) OC Water District Light Footed Clapper Rail surveys
* Table lists longer-term efforts ongoing in these locations. Studies of one or two year’s duration are not included.
Table 3-2 Decision Framework for Interpreting Triad Results Chemistry Toxicity Benthic
Alteration
Possible Conclusion(s) Possible Actions or Decisions
Exceedance of water
quality objectives
Evidence of
toxicity *
Indications of
alteration
Strong evidence of
pollution-induced degradation
Use TIE to identify contaminants of concern
No persistent
exceedances of water quality objectives
No evidence of
toxicity
No indications
of alteration
No evidence of pollutioninduced degradataion No action necessary Exceedance of water
quality objectives
No evidence of
toxicity
No indications
of alteration
Contaminants are not
bioavailable
1. TIE would not provide useful information if there is no evidence of toxicity
2. Continue monitoring and attempt to identify source(s) of chemical(s) exceeding water quality objectives
No persistent
exceedances of water quality objectives
Evidence of
toxicity *
No indications
of alteration
Unmeasured
contaminant(s) or conditions have the potential to cause degradation
1. Recheck chemical analyses; verify toxicity test results
2. Consider additional advanced chemical analyses
3. Use TIE to identify contaminants of concern
No persistent
exceedances of water quality objectives
No evidence of
toxicity
Indications of
alteration
Alteration is probably not
due to toxic contamination
No action necessary due to toxic chemicals (action be
necessary for other reasons, e.g., physical habitat changes)
Chemistry Toxicity Benthic
Alteration
Possible Conclusion(s) Possible Actions or Decisions
Exceedance of water
quality objectives
Evidence of
toxicity *
No indications
of alteration
Toxic contaminants are
bioavailalbe, but in situ effects are not demonstrable
1. Determine if chemical and toxicity tests indicate
persistent degradation
2. Recheck results from benthic analyses, consider
additional data analyses
3. If recheck indicates benthic alteration, perform TIE to identify contaminant(s) of concern
4. If recheck shows no effect, use TIE to identify
contaminant(s) of concern
No persistent
exceedances of water quality objectives
Evidence of
toxicity *
Indications of
alteration
Unmeasured toxic
contaminants are causing degradation
1. Recheck chemical analyses and consider additional
advanced analyses
2. Use Tie to identify contaminants of concern
Exceedance of water
quality objectives
No evidence of
toxicity
Indications of
alteration
Inconclusive 1. TIE would not provide useful information if there is no evidence of toxicity
2. Continue monitoring and attempt to identify source(s) of chemical(s) exceeding water quality objectives
* Toxicity defined as in Section 3.1.3
Table 3-3 Dry-Weather Targeted Reconnaissance Sites
Jurisdiction Map No. Targeted Sites
Anaheim 1 Large drain discharging to Santa Ana River just north of Chapman Avenue: South East Anaheim Channel E12
2 Box culvert discharging to Carbon Creek near La Palma Avenue and Citron Street
3 Outlet into Anaheim Barber Channel on S. side of Ball Road between Hampstead Street and Gilbuck Drive
Brea 4 Randolph Channel at south end of Randolph Avenue and Imperial Highway, south of Imperial
Buena Park 5 Drain and open channel at end of Dodd Circle, off of Stage Road, drains to Coyote Creek
6 Catch basin on Arturo and Regio, drains to Coyote Creek Costa Mesa 7 Just S. of 15th and Newport Blvd, looks closed, needs recon 8 Irvine Ave. and 17th St. (share w/Newport Beach), G02P02 at G02 9 19th St. and Dover (share w/Newport Beach) G02P01
Cypress 10 Currently being located
Fountain Valley 11 Fountain Valley Ch (D05) at Euclid and Southpark Fullerton 12 Carbon Creek Channel at St. College and Orangethorpe 13 Discharge of Kimberly Creek Channel (A03S05) into Fullerton Creek Channel (A03) just W. of Raymond, between Lemon and Raymond Garden Grove 14 Discharge of 72” drain that comes into C02S01 from south, Knott and C02S01
15 Discharge of 39” drain into C02S01, just east of Hardee Way and west of Western, and south of Katella
16 Discharge of 54” drain into channel at Knott and Belgrave Huntington Beach 17 Murdy Channel at C05 and SE corner of Murdy Park; W of Gothard.
Drains a mixed use industrial area.
18 Slater Pump Station, right before the C05 channel, past the W end of Slater Ave and SW of the end of Glenstone
19 Discharge of 69” drain that discharges into C02 channel at Bolsa Ave.
Irvine 20 Construction Circle Drain (F06P06) at F06
21 Como Channel (F06S03) at Culver Blvd. Discharge of pump station.
La Habra 22 A01P10 at A01, E of Euclid and S of La Habra Blvd. 23 30” pipe under railroad tracks just west of Lambert and Palm La Palma Nothing suitable
Laguna Hills 24 F23 at Moulton Parkway
Laguna Woods 25 Catch basin at NW side of intersection of Moulton and El Toro 26 Catch basin at NE side of intersection of Moulton and El Toro Lake Forest 27 Upper end of F19, end of 72” inch pipe discharging into F19, N of intersection of Dimension and Lake Forest Dr. Pipe is W of Lake Forest Dr.
28 Intersection of F19P11 and F19S02, just S of intersection of Dimension Dr. and Commercentre Drive
Los Alamitos 29 Fenley Pump Station at W end of Fenley Drive at A01, S of Ball Newport Beach 8 G02P02 at G02, Irvine Ave. and 17th St. (share w/Costa Mesa) 9 G02P01, 19th St. and Dover (share w/Costa Mesa)
Orange 30 Pipe discharge at E07 and Katella
31 Discharge into Collins Channel (E07S03) of 48” drain between Blueridge Ave. and Glassell St.
Placentia 32 Sao Paolo and Rose, S of Yorba Linda and Rose Santa Ana 33 Currently being located
Jurisdiction Map No. Targeted Sites
Seal Beach 34 (2) 6x3 boxes discharging into San Gabriel River at 1st St. and extension of Electric Ave northwestward.
35 Discharge of 24”drain into San Gabriel River at end of Marina Dr.
Stanton 36 SW corner of Beach Blvd. and Pacific
Tustin 37 F07P01 at F07
38 F10P01 at F10
Villa Park 39 48” drain that discharges onto Estates near Canyon Dr.
Westminster 40 Map sent
Yorba Linda 41 Currently being located
1 Site locations use County drainage facility numeric designations wherever possible. Location descriptions may be refined further before Program description is finalized.
Table 3-4 Dry-Weather Random Reconnaissance Sites
Map No. Random Sites
42 B00P01, Lincoln Stormdrain, end of Lincoln at Coyote Creek 43 F13P12, Rockhurst and Newport Blvd.
44 F08P10, Main and MacArthur
45 F05P07, Canada Stormdrain, end of Whatney W of Rockfield 46 C04P12, Taft Stormdrain, Taft and Trask
47 F09P03, off the end of Cartwright
48 B02P04, La Palma W of Valley View
49 F23P04, Veeh Stormdrain, Ridgeroute and Peralta
50 F08P01, Von Karnann at 405 Fwy
51 F07P04, Red Hill at Old Irvine
Figure 2-1 Role of Monitoring in the Program’s Decision Making Step 1: define expectations and goals
Step 2: define study strategy
Step 3: develop measurement design
Can effects be detected?
Step 4: implement study
Step 5: produce information
Is information adequate?
Step 6: disseminate information
Step 7: make decisions
Refine goals
Reframe questions
Rethink study approach
No
Yes
No
Yes
Adapted from NRC, 1990. Managing Troubled Waters.
Figure 3-1 Relationship of Mass Emissions Monitoring to Other Management Efforts
Monitoring Monitoring
Document
exceedances Estimate loads
Compare to TMDL
targets Estimate trends in loads
Assess
contribution of
MS4 system
Assess
performance of
management
actions
Mass Emissions Nutrient/Toxics TMDL Management
Figure 3-2 Mass Emissions Monitoring Sites
[INSERT MAP]
Coyote Creek (in north Orange County) [phase in gauge] Fullerton Creek (in north Orange County) [has a gauge] Carbon Creek (in north Orange County) [phase in gauge] Santa Ana Delhi Channel (Newport Bay watershed) *
Peters Canyon Wash (Newport Bay watershed) *
San Diego Creek at Campus (Newport Bay watershed) *
Central Irvine Channel (Newport Bay watershed)
San Diego Creek at Harvard (Newport Bay watershed) *
Costa Mesa Channel (Newport Bay watershed) *
Bolsa Chica Channel (Huntington Harbour) *
East Garden Grove-Wintersburg Channel (Bolsa Bay) *
Figure 3-3 Adaptive Toxicity Testing Protocol
Conduct toxicity
testing, Year 1
!00% effect at
100%/50%?
Continue toxicity
test
no
yes
Conduct additional
dilutions
Conduct toxicity
test, Year 2
Substantial
toxicity?
no
Stop
Conduct TIE
yes
Identify
source(s) of
toxicity?
Additional testing
Conduct upstream
source ID study
no
yes
Persistent /
substantial
toxicity?
Continue routine
testing
no
yes
Figure 3-4 Estuary / Wetlands Monitoring Sites
[INSERT MAP] [figure should indicate channel vs. wetland sites, as well as those sampled during wet and/or dry season]
Channel sites:
Talbert Channel
San Diego Creek
Santa Ana Delhi Channel
Costa Mesa Channel
East Garden Grove Wintersburg Channel
Bolsa Chica Channel.
Estuary/wetland sites:
UNBJAM (Upper Newport Bay-Unit Basin 1) (Toxics & Nutrient TMDLs) UNBSDC (Upper Newport Bay-Unit Basin 2) (Toxics & Nutrient TMDLs) UNBCHB (Upper Newport Bay-PCH Bridge) (Toxics & Nutrient TMDLs) UNBNSB (Upper Newport Bay-North Star Beach) (Toxics & Nutrient TMDLs) LNBHIR (Lower Newport Bay-Harbor Island Reach) (Toxics & Nutrient TMDLs) LNBRIN (Lower Newport Bay-Rhine Channel) (Toxics TMDL) HUNBCC (Huntington Harbour- near mouth of Bolsa Chica Channel) HUNWAR (Huntington Harbour-Warner Avenue Bridge)
HUNCRB (Huntington Harbour-Christiana Bay)
TGDC05 (Bolsa Bay-d/s of E. Garden Grove Wintersburg Channel tidegates) BBOLR (Bolsa Bay-off observation pier)
Talbert Marsh
Figure 3-5 Conceptual Model Underlying Estuary / Wetlands Assessment
Input of pollutants
to estuary
Atmosphere Drains Channels In-estuary
activities
Transport
Water Sediment Organisms
Fates and effects
Benthic community
structure Toxicity Food chain effects Bioaccumulation
Fish/birds
population size &
community
structure
Figure 3-6 Bacteriology / Pathogen Monitoring Sites
[INSERT MAP]
Inland sites:
Buck Gully
Los Trancos Creek
San Diego Creek at Campus Drive
Waterfall Creek
El Moro Creek
Santa Ana Delhi Channel
Coastal sites:
Waiting on results of coastal reconnaissance
Figure 3-7 Coastal Storm Drain Site Selection Process
Inspect map of
coastal drains
Conduct
reconnaissance
Drains >39" or flow
>100K gpd? Stop
Drains posted by
HCA? Stop
no
no
yes
yes
Flow reaches
surfzone?
yes
Sample drain and
surfzone up/
downcoast only in
wet season
no
Sample weekly,
wet and dry
seasons, drain and
up/downcoast
yes
Figure 3-8 Structure of the “Triad” Approach to Urban Stream Bioassessment
Assessment
Bioassessment
Chemical
Monitoring Toxicity Testing
Source ID
BMPs
TIEs
BMPs
Source ID
BMPs
Figure 3-9 Bioassessment Monitoring Sites
[INSERT MAP]
Figure 3-10 Reconnaissance Monitoring Sites
[INSERT MAP]
Figure 3-11 Process for Determining Basis of Comparison for Reconnaissance Sites
Select 10 random
sites in N. County
Monitor 10 sites
Compare results to
S. County
background
10 sites = S.
County?
Use S. County
background to ID
problem sites
Use N. County
data alone to ID
problem sites
no
yes
Tolerance intervals
Guidance levels
Professional judgment
Figure 3-12 Monitoring Design for Land Use Correlations Flat fields Hillside orchards
Before conversion Monitoring event B1 *
Monitoring event B2
•
•
Monitoring event B1
Monitoring event B2
•
•
After conversion Monitoring event A1 *
Monitoring event A2
•
•
Monitoring event A1
Monitoring event A2
•
•
* “B” refers to the Before condition, and “A” to the After condition.
Figure 4-1 Receiving Waters Monitoring Program Evolution
First Term Permit
Track compliance
Estimate pollutant loads
Identify pollutant sources
Address areas of special
concern
Second Term Permit
Continue First Term
monitoring
Track compliance
Reevaluate priority issues
Develop 99-04 plan
Second Term 99-04 Plan
Track compliance
Document water quality
trends at Warm Spots
Assess conditions at CARs
Evaluate stormwater’s
contribution to use
impairment
Third Term Permit
Track compliance
Continue trends monitoring
Address expanded set of
issues:
Bioassessment
Coastal drains
Toxicity
Estuaries / wetlands
Land use alterations
Incorporate adaptive
responses
“Warm spots” refer to sites with pollutant levels that are elevated relative to the long-term County average
“CARs” refers to critical aquatic resources, sites with greater beneficial use potential
Local Implementation Plan
Section A-12
Watershed Component
Appendix A-12
Model
Local Implementation Program
Watershed Component
The City of Yorba Linda
Please Visit the Following Website for the Watershed Work Plan (http://www.ocwatersheds.com/WMA_NorthOC.aspx)
ADMINISTRATION DEPARTMENT
DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER
SUBJECT: MISS YORBA LINDA 2024 SCHOLARSHIP PROGRAM REQUEST
RECOMMENDATION
It is recommended that the City Council approve the scholarship request in the amount of $2,000 for the 2024 Miss Yorba Linda Scholarship Program.
BACKGROUND
The Miss Yorba Linda and Placentia Scholarship Program awards thousands of dollars of educational scholarships each year to its qualified candidates. The mission of this non-profit, all-volunteer organization is to empower the young women of Yorba Linda and Placentia to achieve their personal, scholastic, and professional goals. The Miss Yorba Linda and Miss Placentia titleholders act as goodwill ambassadors and serve the communities of Yorba Linda and Placentia throughout their year of service. Some events they attend include:
Concerts in the Park, Spelling Bees, Chamber of Commerce fundraisers and ribbon cuttings, and City holiday functions such as the Egg-Citement and the 4th of July Spectacular.
DISCUSSION
The City has received a scholarship donation request in the amount of $2,000, which will fully support the scholarship of Miss Yorba Linda 2024. Since 2019, the City Council has approved the scholarship request for the Miss Yorba Scholarship Program. Miss Yorba Linda 2024 will be crowned at the competition held on February 17, 2024. Below is a historical timeline of the scholarship donations for the City Council’s reference. 2019: $1,000
2020: $2,000
2022: $2,000
2023: $2,000
FISCAL IMPACT
Funding for the 2024 Miss Yorba Linda Scholarship Program has already been appropriated in the FY 2023-24 approved budget (1010100- 427100). Additional appropriation of funds is not requested at this time.
MISS YORBA LINDA 2024 SCHOLARSHIP PROGRAM REQUEST
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ALTERNATIVES
1. Do not approve the request.
2. Provide direction to staff on a different donation amount.
ATTACHMENTS
Attachment 1 - Miss Yorba Linda 2024 Scholarship Request
Dear Mayor Campbell and Yorba Linda Council Members,
First I want to say a huge thank you to the Yorba Linda City Council for their previous and continued support of the Miss Yorba Linda / Miss Placentia Scholarship Program. Thank you for making a difference in the lives of the young women in our community! We are currently underway and preparing 16 candidates for the next Miss Placentia, Miss Yorba Linda and Teen competitions coming soon on February 17th at the Valencia High School Auditorium. All of you are invited to attend and bring a guest.
I am writing to you today on behalf of our organization to ask if the council would be so kind as to match their 2023 scholarship donation of $2,000 to the 2024 scholarship fund and once again be a valued scholarship Patron. The amount that you would give fully supports the scholarship of Miss Yorba Linda 2024. Our current Miss Yorba Linda Chloe Adler is using the scholarship money you donated to pay for her Master’s Degree in Occupational Therapy. Your contribution has immediate benefits and we would be so grateful for your consideration again this year! For your convenience, the Patron form has been attached to this letter.
As a former titleholder, I can attest to how life changing it was to receive scholarship money through all of our sponsors and scholarship patrons for my schooling. As a volunteer of this program, I do not take for granted the support we have from Yorba Linda and am so thankful to be a part of a community that invests in its young people. Thank you again for your kind support in 2023 and your consideration for this year. Together we are making a difference in the lives of each of these young women – not only, monetarily to further their education, but through this program we are also seeing increased confidence, real world skills and passion to change the world around us.
Sincerely,
Shannon Galipault
Executive Director
Miss Placentia/Yorba Linda Program
SCHOLARSHIP PATRON FORM
Thank you for partnering with our program as a Scholarship Patron! Every Patron will be recognized on our website as well as in our beautifully designed complimentary program book which is distributed at the competition and various events throughout the year. In addition, all Patrons will receive 2 complimentary premium tickets and Diamond level will receive 4 complimentary premium tickets. If you have any questions please contact Shannon Galipault at [email protected].
Level Donation Indicate Choice
Diamond $1000
Platinum $500
Gold $300
Silver $100
Bronze Up to $100
SCHOLARSHIP DONATIONS ARE TAX DEDUCTIBLE AND ACCEPTED YEAR - ROUND, BUT IN ORDER TO BE RECOGNIZED IN OUR PROGRAM BOOK THIS FORM MUST BE MAILED BEFORE JANUARY 10th.
Name to be recognized in Program Book: ___________________________________ Contact Person: ____________________________________________________ Email Address: _____________________________________________________ Address: _________________________________________________________ Cell Phone/Daytime Phone: ____________________ ________________________ Make Check Payable to: Miss PYL Scholarship Association Check #: ______________
PLEASE COMPLETE THIS FORM AND MAIL IT ALONG WITH PAYMENT TO:
MISS PYL PROGRAM
20540 Via Campanas
Yorba Linda, CA 92886
ADMINISTRATION DEPARTMENT
DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: ARLENE QUINTERO, PRINCIPAL RISK AND SAFETY
ANALYST
SUBJECT: DENIAL OF CLAIM FOR DAMAGES - CLAUDIA AND PEDRO URENO
RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages filed by Claudia and Pedro Ureno.
BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with George Hills Company, Inc. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.
City staff makes recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will result in a recommendation for denial of the claim.
DISCUSSION
The following claim for damage has been recommended for denial based on the investigations by City staff and the third-party claims administrator. Further details for each claim are available upon request.
Claudia and Pedro Ureno
The claimants allege damage to their chain link fence by a falling City tree branch at 5378 Saratoga St. on November 20, 2023. The claimants state that the tree branch fell on November 20, 2023, at approximately 8 am. During this time frame, the weather report reflects heavy winds upwards of 20 miles per hour. Per the request of the third-party claim’s administrator, staff provided detailed records reflecting no unaddressed complaints regarding the condition of the tree. The tree was properly maintained by the City, and prior inspections revealed the tree to be in good health. Branches fall as part of the natural course of a tree’s life cycle and can be caused by Acts of Nature including but not limited to high
DENIAL OF CLAIM FOR DAMAGES - CLAUDIA AND PEDRO URENO
P a g e | 2
winds, rain, heat, and drought. The occurrence of such damage is deemed an “act of god” and thereby the City is not liable for said damage. Therefore, the third-party claims administrator and City staff recommend denying the claim.
FISCAL IMPACT
None
ALTERNATIVES
As an alternative to staff’s recommendations for the claim, the City Council has the following options:
1. Accept liability for the claims and pay the amount specified in the claim forms.
2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.
CITY CLERK'S OFFICE
DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
It is recommended that the City Council receive and file this report.
DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.
ATTACHMENTS
1. Reports from City Council Organizations, Agencies and Committees
South Coast Air Quality Management District Newsletter Winter 2024 Carlos Rodriguez
Cities of Orange County
Governing Board Member
Welcome to my newsletter for the residents and businesses of Orange County. My goal is to help
keep you informed about the policies
and programs at South Coast AQMD
that improve the air quality in our basin,
which benefit you, our cities, and our
economy. If you have suggestions for
improving air quality, or on how we
can do business at South Coast AQMD,
please feel free to contact me at
[email protected].
Sincerely,
Councilmember Carlos Rodriguez,
Yorba Linda City Council
How to Engage in South Coast AQMD Meetings and Upcoming Rule Forecast
South Coast AQMD was awarded $76 million from the California State Transportation Agency (CalSTA), partnering with Wabtec Corporation (Wabtec) and Prologis Mobility to pioneer the demonstration of a liquid hydrogen fuel cell freight locomotive and infrastructure to support zero-emission battery and fuel cell trucks in the South Coast Air Basin.
The award from CalSTA also leverages funding support secured by California’s U.S. Senators, the Department of Energy, and the Mobile Source Air Pollution Reduction Review Committee to implement these projects that will cost over $200 million. In Southern California, where over 80% of nitrogen oxides, the key precursor of ozone and particulate matter, comes from mobile sources, including trucks, trains and ocean-going vessels, transitioning to zero-emission technologies is essential. This work will revolutionize the goods movement transportation sector and contribute to significant regional air quality improvement. Specifically, South Coast AQMD and partners will develop the first-of-its-kind hydrogen fuel cell locomotive to showcase both innovation and the reduction of mobile source emissions.
Additionally, installing 376 Direct Current Fast Chargers and 19 hydrogen refueling dispensers for the goods movement trucks will mark a significant step towards cleaner transportation by building much needed infrastructure supporting heavy-duty zero-emission trucks. More than 7,600 jobs will be created while 1.7 tons of fine particulate matter (PM2.5) and 632 tons of nitrogen oxide (NOx) will be reduced in the Basin. One compelling aspect is the potential to replace diesel trucks with more than 2,100 zero-emission trucks with the support of faster charging options.
These initiatives align with South Coast AQMD’s 2022 Air Quality Management Plan (AQMP), which aims to meet federal air quality standards by rapidly adopting zero-emission technologies in the goods movement sector.
Happy
New Year!
South Coast AQMD strongly encourages
public participation in its rule development
process. By getting involved, individuals have
greater impact on new and amended rules
and can provide their input in the process.
Joining forces with South Coast AQMD also
helps people learn about air pollution risks to
which they are exposed and how to minimize
exposure.
Those who’d like to get involved can check
South Coast AQMD meeting agendas, current
and past webcasts, agency news, and
upcoming events calendar. You can also learn
more about ongoing community investigations
and other public information, all of which can
be found on the agency’s website at
www.aqmd.gov. You can also sign-up to
receive email notifications on upcoming
events, rulemaking, and programs of interest.
Check the agendas, as many meetings
can be attended virtually. By participating in
these meetings, individuals can give input on
proposed rules or amendments to existing
rules. Many meetings provide the opportunity
to sign up or raise your hand and provide
public comment, either virtually or in-person.
The following presentation and proposed
amended rules and regulations are tentatively
scheduled for hearings at upcoming
Governing Board meetings:
January
Proposed Amended Rule 1180:
Petroleum Refinery and Related
Operations Fenceline and Community
Air Monitoring
Proposed Rule 1180.1:
Fenceline and Community Monitoring
requirements
February
Proposed Amended Rule 461.1:
Gasoline Transfer and Dispensing for
Mobile Fueling
March
Proposed Amended Rule 1148.1:
Oil and Gas Production Wells
South Coast AQMD Partnership to Pioneer a Fuel Cell
Locomotive and Infrastructure for Zero-Emission Trucks
Newsletter page 2 Winter 2024
Get Help from the Small Business Assistance and Local Government and Community Relations Programs
South Coast AQMD has staff dedicated to helping small business owners and local government representatives by providing information on general air quality, rules, permitting, compliance, and programs to help businesses and residents.
The Small Business Assistance Office staff helps small business owners to comply with South Coast AQMD rules and regulations, permit conditions, and recordkeeping through a variety of services offered, and act as advocates. They can help small business operators find out which rules apply to their operations, how to meet South Coast AQMD’s requirements, and how to keep records.
Contact the Small Business Assistance team at 1-800-388-2121 or email [email protected] for free assistance find out which rules affect your business, or get help with fee review requests, compliance issues, variance petitions, permit applications, air quality permit checklists, and clearance letters.
Under the Local Government and Community Relations Program, our staff directly assists the public, community organizations, educational institutions, cities, counties, special districts, and other governmental entities. Our team can provide information and assistance on a broad range of topics such as South Coast AQMD and air quality, how to file a complaint, and programs to help clean the air.
To contact the Local Government and Community Relations staff, visit http://www.aqmd.gov/nav/contact/regional-contacts.
A new year is beginning, which means it is time to set (and stick to) New Year’s Resolutions! This year, I encourage you to add a few simple ways you can help reduce air pollution to your list. • Refrain from Burning Wood –
Wood burning contributes to air pollution and is
considered the other secondhand smoke. Improve
your health and reduce PM2.5 emissions by
switching to more eco-friendly methods of heating
your home.
• Take Public Transportation –
More people on the bus, train and Metro means less
cars on the road.
• Carpool –
Build some camaraderie with your coworkers and
take turns driving to work.
• Walk or Ride a Bike –
Try walking or riding a bike instead of relying on your vehicle, particularly for short trips.
• Turn Off Your Lights, Electric Appliances
and Devices –
If you aren’t using it, turn it off! Using a surge
protector for lamps, appliances and devices can
make turning them off much easier. You may also
save a few dollars on your electric bill.
• Avoid Idling in Your Vehicle –
If your car isn’t going anywhere, save energy and
gas by turning it off.
• Switch to a More Efficient Vehicle –
Automakers are continuing to release new electric,
zero and near-zero emission vehicles for all types
of budgets. You could be eligible to receive up to
$12,000 with South Coast AQMD’s Replace Your
Ride Program. More information is available at
www.replaceyourride.com.
New Year’s Resolutions to Reduce Air Pollution
JANUARY 16, 2024 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 10 – COUNCIL COMMITTEE AND AGENCY REPORTS
ADDITIONAL MATERIAL RECEIVED AFTER POSTING OF AGENDA
Transportation Corridor Agencies
For the January 11, 2024, Meeting
BOARD MEETING HIGHLIGHTS
F/ETCA BOARD OF DIRECTORS
John Taylor, Chair,
SAN JUAN CAPISTRANO
Patricia Kelley, Vice Chair,
MISSION VIEJO
Natalie Meeks,
ANAHEIM
Mike Frost,
DANA POINT
Farrah Khan,
IRVINE
Scott Voigts,
LAKE FOREST
Denis Bilodeau,
ORANGE
Anthony Beall,
RANCHO SANTA MARGARITA
David Penaloza,
SANTA ANA
Ray Schnell,
TUSTIN
Beth Haney,
YORBA LINDA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.
Doug Chaffee,
COUNTY OF ORANGE, 4TH DIST.
Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.
Mario Orso, Ex Officio Member,
CALTRANS DIST. 12
SJHTCA BOARD OF DIRECTORS
Janine Heft, Chair,
LAGUNA HILLS
David Penaloza, Vice Chair,
SANTA ANA
Richard Hurt,
ALISO VIEJO
John Stephens,
COSTA MESA
Jamey Federico,
DANA POINT
Farrah Khan,
IRVINE
Stephanie Oddo,
LAGUNA NIGUEL
Cynthia Conners,
LAGUNA WOODS
Patricia Kelley,
MISSION VIEJO
Robyn Grant,
NEWPORT BEACH
John Taylor,
SAN JUAN CAPISTRANO
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.
Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.
Mario Orso, Ex Officio Member,
CALTRANS DIST. 12
73/133/241/261 TOLL ROADS
BOARDS SELECT 2024 CHAIRS AND VICE CHAIRS, WELCOME FOUR NEW
BOARD MEMBERS
The San Joaquin Hills Transportation Corridor Agency (SJHTCA) and Foothill/Eastern Transportation Corridor Agency (F/ETCA) Boards of Directors held leadership elections for the current calendar year to guide the Agencies in continuing the practice of strong fiscal management and pursuit of enhanced mobility in Orange County.
The SJHTCA Board of Directors unanimously elected Laguna Hills Councilmember Janine Heft as Chair and Santa Ana Councilmember David Penaloza as Vice Chair. The F/ETCA Board of Directors unanimously reelected San Juan Capistrano Councilmember John Taylor as Chair and Mission Viejo Mayor Trish Kelley as Vice Chair.
Chair Heft joined the SJHTCA Board of Directors in 2018. She was elected to the Laguna Hills City Council in 2016 and won another four-year term in 2020 when she was chosen by her peers on the City Council to serve as Mayor of Laguna Hills.
Vice Chair Penaloza joined the SJHTCA Board of Directors in 2019. He was elected to the Santa Ana City Council in 2018 and served as Mayor Pro Tem in 2021.
Chair Taylor joined the F/ETCA Board of Directors in 2020. He was elected to the San Juan Capistrano City Council in 2019 and won another four-year term in 2022. His peers on the City Council chose Chair Taylor to serve as Mayor in 2021.
Vice Chair Kelley joined the Boards of Directors for SJHTCA and F/ETCA in 2019. She served as Chair for SJHTCA in 2020-2021 and Vice Chair in 2023. Vice Chair Kelley was elected to the Mission Viejo City Council in November 2002 and served as Mayor in 2005, 2008, 2010, 2014, 2021. Her peers on the City Council chose her to serve as Mayor in 2024.
During the meeting, both Boards welcomed four new Directors:
San Joaquin Hills Transportation Corridor Agency: John Stephens, City of Costa Mesa Councilmember and Robyn Grant, City of Newport Beach Councilmember.
Foothill/Eastern Transportation Corridor Agency: Natalie Meeks, City of Anaheim Councilmember and Ray Schnell, City of Tustin Councilmember.
TCA’s two Boards of Directors boast five Mayors and five Mayors Pro Tem.
TCA’s Chairs and Vice Chairs serve one-year terms and are permitted to serve multiple terms if elected by their peers.
F/ETCA Chair
JOHN TAYLOR
San Juan Capistrano
F/ETCA Vice Chair
PATRICIA KELLEY
Mission Viejo
SJHTCA Chair
JANINE HEFT
Laguna Hills
SJHTCA Vice Chair
DAVID PENALOZA
Santa Ana
TCA RECOGNIZES OUTGOING BOARD MEMBERS
The SJHTCA Board of Directors was pleased to recognize the outstanding service of outgoing Director Arlis Reynolds, City of Costa Mesa, having serviced on the Board since 2021. During her service, Director Reynolds was a champion of TCA’s environmental program serving on the Joint Environmental Committee each year of her tenure. In addition to time spent supporting the Agency’s environmental efforts, Director Reynolds served on the Joint External Affairs Committee, the Joint Programs and Projects Committee as well as the Joint Contracts Ad Hoc Committee. Director Reynolds will serve as a board alternate for 2024.
The F/ETCA Board of Directors recognized Director Austin Lumbard, City of Tustin, who has served the Agency since 2021. Director Lumbard served on several committees including the Joint Capital Programs and Projects Committee, the Joint Environmental Committee and the Joint Contracts Ad Hoc Committee, adding great value to the Agency.
Director Ashleigh Aitken was recognized for her service for the 2023 term, representing the City of Anaheim. As a Board Member she was actively engaged in policy matters of great importance to the Agency, having served on the Joint Capital Programs and Projects Committee, the Joint Finance and Investment Committee and the Foothill/Eastern 241/91 Policies and Agreements Ad Hoc Committee.
For more information on TCA board members and priority projects, visit TheTollRoads.com.
Pictured L R: Chair Taylor, Director Reynolds,
Chair Heft and Director Lumbard
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: NATE FARNSWORTH, PLANNING MANAGER
SUBJECT: HOUSING ELEMENT UPDATE
RECOMMENDATION
It is recommended that the City Council consider removing Site S7-001 (Bryant Ranch Center) from the housing sites inventory in the draft revised Housing Element.
BACKGROUND/DISCUSSION
Since May 2023, the City has been working on revisions to its Housing Element following the failed Measure Z vote in November 2022. This has included an extremely robust public outreach campaign to gather public input from a wide range of diverse groups of people. On December 5, 2023, the City Council authorized staff to submit the draft revised Housing Element to the State Department of Housing and Community Development (HCD) for their 60-day review.
The City is in receipt of a letter from Yorba Canyon, LLC, the property owner for Site S7- 001 (Bryant Ranch Center), requesting that the City either update the Housing Element to allow 30 units per acre of mixed-use zoning on their property, or remove the site from the Housing Element completely. Their letter states that the City’s proposed zoning at 10 units per acre is not feasible and would never be built.
There is a very high probability that HCD’s comments back to the City following its 60-day review will address a concern related to this site about what is generally referred to as “realistic development capacity.” Government Code Section 65583.2 requires that the City demonstrate the projected residential development capacity of the sites identified in the housing element can realistically be achieved. HCD’s Housing Element Site Inventory Guidebook provides guidance on how to achieve a compliant housing sites inventory for the 6 th Housing Cycle. One key factor, among many others, in demonstrating realistic development capacity is property owner interest.
In the case of Site S7-001, the property owner has stated that they are not interested in developing at the City’s proposed density of 10 units per acre, and therefore, the site does not likely qualify for realistic development capacity at the City’s proposed density. Given that the public voiced strong opposition to the City’s original proposal of rezoning this site to 35
HOUSING ELEMENT UPDATE
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units per acre, the City deferred placing this property on the ballot in November 2022. Based on prior public feedback, City staff does not believe that the public would support the property owner’s request to rezone at 30 units per acre and does not recommend increasing the density on this site. Furthermore, the Resident Working Group also strongly opposed density on this site higher than 10 units per acre.
Staff believes it would be in the best interest of the City to remove this site from the Housing Element at this time rather than waiting for the comments from HCD because time is of the essence with deadlines fast approaching. Removing the site now would allow the City to modify the Housing Element during the current 60-day review period with HCD rather than waiting for the end of the review period and resubmitting a revised Housing Element for another 60-day review period.
Moreover, the petition being circulated by the property owner has fueled much confusion among residents over what is actually being proposed with the Bryant Ranch Center. This has led to frustration and further concerns among Bryant Ranch residents. Removal of this site from the Housing Element would have the secondary benefit of mitigating confusion and misinformation relating to having different zoning proposals for the same property.
FISCAL IMPACT
No impact.
ALTERNATIVES
1. The City could wait and see if HCD has any comments on the “realistic development capacity” for Site S7-001 and make revisions at that point in time. This is not recommended as it would likely significantly reduce the time available to meet the deadlines for the mandatory public hearings, CEQA compliance, and calling for the election.
2. The City could modify the proposed rezoning for Site S7-001 to be consistent with the property owner’s request. This would result in there no longer being a need for a competing ballot measure from the property owner for this site; however, this would likely be met with significant opposition from the Bryant Ranch residents as well as other residents in the community.
ATTACHMENTS
1. Letter from Yorba Canyon, LLC
CITY CLERK'S OFFICE
DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
PREPARED BY: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER SUBJECT: DECLARATION OF CITY COUNCIL VACANCY AND DISCUSSION
REGARDING FILLING OF VACANCY
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Declare the City Council seat held by former Council Member Gene Hernandez vacant; and
2. Initiate the filling of the City Council vacancy by appointment, approve the proposed schedule for appointment, and proceed with the advertisement to fill the vacancy.
BACKGROUND
Councilman Gene Hernandez was first elected to the Yorba Linda City Council in November 2012. He has recently resigned and will be unable to serve his final remaining term ending November 2024, which created a vacated City Council seat. The effective date of his resignation was January 11, 2024. Per Government Code (GC) Section 36512(b), the City Council has two options to fill the vacancy: 1) fill the vacancy by appointment within 60 days of the vacancy or 2) call a special election to fill the vacancy.
DISCUSSION
Appointment of a Successor
Under GC Section 36512 (Attachment 1), the Council would have until March 11, 2024, to fill the vacancy by appointment (60 days after the January 11, 2024 resignation). The appointee would serve for the remainder of the unexpired term, which ends with the certification of the November 2024 General Municipal Election. The City Council may decide the procedural manner in which they appoint a successor. The City Council can proceed with a “call for candidates” (by accepting applications and conducting interviews) or can appoint a successor to serve for the remainder of the unexpired term. A call for candidates will be similar to the City's application process traditionally utilized for appointing members to the City Commissions.
DECLARATION OF CITY COUNCIL VACANCY AND DISCUSSION REGARDING FILLING OF
VACANCY
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General qualifications for City Council applicants are as follows:
• An applicant must be at least 18 years of age and a citizen of the State of California.
• An applicant must be a Yorba Linda resident and registered voter. • A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and the laws of the State of California.
The proposed schedule for appointment if the Council should opt to proceed with a “call for candidates” is as follows:
January 11, 2024 Councilmember Gene Hernandez’s effective resignation.
January 17 -
February 6, 2024
Call for Candidates - Applications for Council candidates accepted.
Vacancy notice advertised on website, social media and published in newspaper.
February 6, 2024 Applications due to the City Clerk’s Office by 5:30 p.m.
February 13, 2024
Candidate Interviews. Depending on the number of applications received, interviews may have to occur on two separate dates, which could alter the subsequent timeline.
Prior to Mar. 11,
2024
Council Appointments Candidate – Following interviews, the City Council will vote on an appointment. This may occur immediately after the interviews or on a separate date. Swearing in of the selected candidate would occur prior to March 11.
Calling a Special Election
Government Code section 36512 states that a special election to fill a Council vacancy must occur no less than 114 days from the call of the Election. Furthermore, the election date must fall on the next regularly scheduled election date. Elections Code section 1000 provides the established election dates (Attachment 2). There is not an election date that meets the legally required time parameters before the general election of November 5, 2024, when Councilman Hernandez’s term expires and which is already the election where the Council seat will be filled. Therefore, the calling of a special election to fill the vacant Council seat is not a viable option.
Leave Position Vacant
The Council also has the option to leave the current City Council seat vacant, which would be filled during the November 2024 General Municipal Election.
DECLARATION OF CITY COUNCIL VACANCY AND DISCUSSION REGARDING FILLING OF
VACANCY
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Staff is recommending the City Council:
1) Appoint a successor to serve for the remainder of the unexpired term (by a call for candidates or a majority vote for an appointment)
Alternative Options:
2) Do not appoint a successor and leave the City Council seat vacant until the November 2024 General Municipal Election; or
3) Select a successor through another process in advance of the 60 day deadline.
FISCAL IMPACT
There would be minimal costs (approximately $1,200) to fill the unexpired City Council term for advertisement, photography, business cards, and name badges.
ATTACHMENTS
Attachment 1 – Government Code 36512
Attachment 2 – Elections Code 1000
State of California
GOVERNMENT CODE
Section 36512
36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following:
(1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition.
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
(3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest.
(2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor:
(A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit.
(B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election.
(Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.)
State of California
ELECTIONS CODE
Section 1000
1000. The established election dates are as follows:
(a) The first Tuesday after the first Monday in March of each even-numbered year that is evenly divisible by four.
(b) The first Tuesday after the first Monday in March of each odd-numbered year. (c) The second Tuesday of April in each even-numbered year. (d) The first Tuesday after the first Monday in June in each even-numbered year that is not evenly divisible by four.
(e) The first Tuesday after the first Monday in November of each year. (Amended by Stats. 2020, Ch. 111, Sec. 4. (SB 970) Effective January 1, 2021.)
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
CITY CLERK'S OFFICE
DATE: JANUARY 16, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: CITY COUNCIL APPOINTMENTS TO VACANT POSITIONS ON
ORGANIZATIONS, AGENCIES AND COMMITTEES
RECOMMENDATION
It is recommended that Council discuss and vote on the appointments to vacant positions on organizations, agencies and committees created by the resignation of Councilmember Gene Hernandez, as per the Mayor’s recommendations.
BACKGROUND
At the Council meeting of December 19, 2023, Council voted on the appointments to various organizations, agencies and committees as per the Mayor’s recommendations. Due to the resignation of Councilmember Gene Hernandez effective January 11, 2024, a vacancy has occurred for City representation on the following committees/agencies: League of California Cities – OC Division, Orange County Council of Governments, Orange County Fire Authority, Southern California Association of Governments, Yorba Linda Water District and Yorba Linda Water District/City Council Joint Advisory Committee.
The following agency pays a stipend or otherwise provides a financial benefit to the appointee: Orange County Fire Authority. After Council appointments are confirmed, staff will file a revised Form 806 on the City’s website, reporting the compensation paid by this agency.
ALTERNATIVES
Ask for additional information and provide staff with further direction.
ATTACHMENTS
1. Mayor’s Recommendations of Appointments to Vacant Positions
CITY COUNCIL APPOINTMENTS TO
ORGANIZATIONS, AGENCIES AND COMMITTEES
MAYOR'S RECOMMENDATIONS (in bold/italics)
AGENCY/COMMITTEE DELEGATE ALTERNATE
ACC-OC Mayor Mayor Pro Tem
Bridges at Kraemer Place Community Advisory Board Campbell N/A Finance Committee
Haney
Rodriguez N/A
Foothill/Eastern Transportation Corridor Agency Haney Campbell League of California Cities - OC Division Lim N/A
Orange County City Selection Committee Mayor N/A
Orange County Council of Governments (OCCOG) Lim N/A
Orange County Fire Authority Haney N/A
Orange County Mosquito and Vector Control District
Huang
2-Year Term Exp. 1/2025 N/A
Placentia Yorba Linda Unified School District Campbell Rodriguez Santa Ana River Flood Protection Agency Lim Campbell
Southern California Association of Governments Lim Rodriguez Trauma Intervention Program Lim Haney
Yorba Linda Chamber of Commerce Campbell Haney
Yorba Linda Water District Lim Rodriguez
YLWD/CC Joint Advisory Committee Lim
Rodriguez N/A