Council Meeting - January 16, 2024
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) (5 Cases)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Rudy Lopez vs. City of Yorba Linda
Case Number: 30-2021-01214912-CU-PO-CJC, Superior Court, County of Orange
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:32 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 6:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Girl Scouts Troop 1125
INVOCATION
Pastor Anne-Grethe Krogh Nielsen, The Danish Lutheran Church & Cultural Center
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF OUTGOING COUNCILMEMBER GENE HERNANDEZ
Mayor Tara Campbell invited former Councilmember Gene Hernandez to the podium to recognize him for his outstanding service and commitment to Council and the community. She said he was first elected to serve on Council in 2012 and served through 2023, and was selected to serve as Mayor Pro Tem in 2014, 2017, 2020 and 2022, and as Mayor in 2015, 2018, and 2023. She spoke of the numerous committees he served on, important decisions and projects he was involved with, along with other career and humanitarian accomplishments.
Former Councilman Hernandez and now Yorba Linda Water District Director expressed his gratitude and spoke of his experience serving on Council. He thanked the community for the support and his colleagues for their efforts and collaboration.
He also received recognitions from representatives of the offices of Congresswoman Young Kim, Senator Kelly Seyarto, Senator Josh Newman, and Supervisor Don Wagner from his representative, Pat Buttress who also provided a recognition from the Orange County Transportation Authority. Yorba Linda Water District President Trudi DesRoches was also in attendance along with General Manager Mark Toy and Susan Wan-Ross, Chief Executive Officer of the Yorba Linda Chamber of Commerce to present him with a recognition. Mayor Campbell also provided Director Hernandez recognitions from Assemblyman Phillip Chen, League of Cities-Orange County Division, and the Association of California Cities - Orange County.
Aslam Dada, Islamic Center of Yorba Linda, expressed his appreciation for Director Hernandez's hard work on behalf of the Islamic Center and wished him success in his future endeavors.
RECOGNITION OF HOLIDAY DECORATION WINNERS
Mayor Campbell recognized the 2023 Holiday Decorating Contest winners, "Mayor's Choice Award" - Dyna Samz on Lathrop Drive, "Most Merry" - Adon and Norma Cullins on Avenida De Marcia, "Most Visible From Space" - David Bradley on Buena Vista Avenue, and "Best Display of Sleigh" - Ellen Ticknor, who was not in attendance, on Via Fonte, and presented each with a certificate. She thanked everyone who submitted an entry and commended their hard work and decorating skills that helped make the Community Holiday Lights Map a huge success.
The winners also received certificates from the offices of Congresswoman Kim, Senator Seyarto, Senator Newman, Assemblyman Chen and Supervisor Wagner.
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN DE ANNE WIGGINTON Mayor Campbell formally introduced new Chief of Police Services, Captain De Anne Wigginton and said she joined the Sheriff’s Department in 2004 and has worked in Custody Operations, Court Operations, Patrol Operations, the Professional Standards Division and the Training Division. Mayor Campbell also spoke of Captain Wigginton's more recent career assignments and provided a brief overview of her background.
Captain Wigginton provided a PowerPoint presentation on law enforcement updates for the months of November and December. She provided statistics on traffic, crime, residential burglaries, arrests, and urged residents to obey speed limits and practice defensive driving. Captain Wigginton said fraud-related crime significantly decreased. She urged residents if they see something, to say something and encouraged residents to join their Neighborhood Watch. She spoke of mail theft and suggested sending deliveries to drop-off locations, such as lockers and businesses that offer pick-up services to avoid porch theft. Captain Wigginton spoke about four suspects that were arrested for vandalism, and of crime ring suspects who were arrested on December 14th for 35 Orange County burglaries. She said 20 suspects have been charged. Captain Wigginton said deputies held a Community Safety & Crime Prevention event on November 14th, the Safe Exchange Zone ribbon cutting on November 15th, and the Heros and Helpers event on December 14th.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Yorba Linda Water District President DesRoches provided an update on construction projects that the District currently has in the City, primarily the waterline improvement project on Imperial Highway between Eureka Avenue and Bastanchury Road and two booster pump location upgrades.
Jess Battaglia, Parks and Recreation Commissioner, said California lawmakers are considering whether to ban youth tackle football for children under 12 years old. He said this should be a matter of parent rights and parents should be able to decide if their child is ready for such sport. He urged Council to join the Placentia-Yorba Linda Unified School District in opposing the ban.
Anthony Johnson, Traffic Commissioner, shared with residents that the City of Yorba Linda along with the City of Placentia and the Placentia-Yorba Linda School District are working to develop an Active Transportation Plan. He said they are soliciting feedback from the community on horse trails, sidewalks, bike paths, roadways and any other connectivity to roadways. They are also creating a Safe Routes to School Plan. Two information meetings will be held tomorrow at the Yorba Linda Public Library from 5:30 - 7:00 p.m. and another on Thursday at the Whitten Community Center in Placentia from 5:30 - 7:00 p.m. and encouraged residents to visit the City website for more information.
CONSENT CALENDAR
Mayor Pro Tem Beth Haney requested to pull Item No. 9 - Denial of Claim for Damages, from the Consent Calendar.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar with the exception of Item No. 9.
AYES (4)
Rodriguez, Haney, Campbell, and Lim
CARRIED (4 to 0)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. ACCOUNTS PAYABLE CHECK REGISTER – JANUARY 16, 2024
1. AP Check Register 1-16-24 - CC-FIN-24-002.pdf
2. Attachment 1 - AP Check Register 1-16-24.pdf
It is recommended that the City Council receive and file the accounts payable check register dated January 16, 2024, in the amount of $3,693,366.59.
3. APPROVAL OF THE MINUTES OF THE DECEMBER 19, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Dec19_2023 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the December 19, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – OCTOBER 2023
1. Treasurers Report - Oct 2023.pdf
2. Attachment 1 - Treasurers Report - Oct 2023.pdf
It is recommended that the City Council: 1.) Receive and file the attached monthly Treasurer’s Report; and 2.) Delegate investment responsibility to the City’s Finance Director / City Treasurer for a period of up to one year.
5. APPROVAL OF AMENDMENT NO. 2 - SENIOR MOBILITY PROGRAM
1. Senior Mobility Program Change Order 2 - CC-PR-24-002.pdf
2. Attachment 1 - Prof. Services Agreement April 2021.pdf
3. Attachment 2 - Amendment No. 2.pdf
4. Attachment 3 - Service Area Map.pdf
5. Greensheet - Staff Report CC-PR-24-002 and Attachment No. 4.pdf It is recommended that the City Council: 1.) Approve Amendment No. 2 for Senior Transportation Services Agreement with CABCO Yellow Inc. in the amount of $90,000; and 2.) Authorize the transfer of OCTA carryover funds to the program budget to cover the increased costs of the program; and 3.) Authorize allocation of $8,000 from the general fund to be applied towards the program budget to cover the City’s 20% funding requirement for the Senior Mobility Program.
6. WITHDRAWAL POLICY REVISIONS
1. Withdrawal Policy Revisions - CC-PR-24-001.pdf
It is recommended that the City Council approve the revisions to the Parks and Recreation Department’s withdrawal policy.
7. ADOPT REVISIONS TO LOCAL IMPLEMENTATION PLAN (LIP) FOR STORM WATER MANAGEMENT
1. Local Implementation Plan (LIP) Storm Water Mgmt Revisions- CC-PW-24-001.pdf
2. Attachment 1 – Local Implementation Plan (LIP) Revisions.pdf It is recommended that the City Council adopt revisions to the Local Implementation Plan (LIP) that was updated and implemented by staff on January 8, 2024.
8. MISS YORBA LINDA 2024 SCHOLARSHIP PROGRAM REQUEST
1. 2024 Miss Yorba Linda Program Scholarship Request.pdf
2. Attachment 1 - Miss Yorba Linda 2024 Scholarship Request.pdf 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.
10. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-002.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
3. Green Sheet - Attachment 1 - Reports from CC Organizations.pdf It is recommended that the City Council receive and file this report.
9. DENIAL OF CLAIM FOR DAMAGES - CLAUDIA AND PEDRO URENO
1. Denial of Claim for Damages - Ureno - CC-ADM-24-001.pdf Mayor Pro Tem Haney said she pulled the item to highlight a typo in the Discussion portion of the staff report and said the word God should be capitalized.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages filed by Claudia and Pedro Ureno.
AYES (4)
Rodriguez, Haney, Campbell, and Lim
CARRIED (4 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Mark Pulone thanked the Yorba Linda Water District for working with the City to coordinate and create the least amount of impact to businesses during the completion of the waterline improvement project on Imperial Highway.
Councilwoman Janice Lim said on Saturday, January 13th she helped cohost a Self-Defense Seminar with Assemblyman Chen and Chief Wigginton at the Yorba Linda Community Center and said the event was a big success. She announced the Lunar New Year Celebration at the Nixon Library on Monday, February 12th. Councilwoman Lim said her Neighborhood Chats are still ongoing and anyone interested in having her speak to their neighborhood about current issues such as the housing element, can contact her.
Mayor Campbell said the first Active Transportation Plan Community meeting will be held tomorrow at the Yorba Linda Public Library at 5:30 p.m. She reminded residents that this Plan, will incorporate needed pedestrian and bicycle improvements, Safe Routes to School plans, and an updated Master Plan of Trails, including equestrian trails. She stressed that involvement is important and urged residents to visit the project website, accessible through the City's website. Mayor Campbell invited the community to submit nominations for this year’s Athletic Achievement Wall of Fame recognition, honoring exceptional athletic accomplishments made by individual athletes or teams in Yorba Linda. Nomination forms are available on the City's website or at any City facility and must be submitted by Friday, March 1, 2024, either online or in-person at the Thomas Lasorda Jr. Field House.
ADMINISTRATIVE REPORTS
11. HOUSING ELEMENT UPDATE
1. Housing Element Update - CC-CD-24-001.pdf
2. Attachment 1 - Yorba Canyon, LLC Letter.pdf
David Brantley, Community Development Director, said there is a ballot initiative that has been proposed by the property owner of the Bryant Ranch Shopping Center and the owner is currently gathering signatures that would allow for the initiative to be placed on the November 2024 ballot to rezone his property. Director Brantley said the City received 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. He said s taff believes it would be in the best interest of the City to remove the site from the Housing Element rather than waiting for the comments from HCD. 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.
He said the petition being circulated by the property owner has also created confusion among residents over what is actually being proposed with the Bryant Ranch Center.
Nate Farnsworth Planning Manager, spoke further about the HCD review process and the timeframes involved. He said the City currently has a conditionally certified Housing Element and cities without this can face Builder's Remedy.
Director Brantley added that the City received several emails and calls from community members expressing their support for the removal of the site.
A conversation ensued among Council regarding the Housing Element and the petition that is being circulated by the property owner. Mayor Campbell urged residents to be active and engaged in the Housing Element process.
Moved by
Campbell
Seconded by
Haney
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.
AYES (4)
Rodriguez, Haney, Campbell, and Lim
CARRIED (4 to 0)
12. DECLARATION OF CITY COUNCIL VACANCY AND DISCUSSION REGARDING FILLING OF VACANCY
1. City Council Vacancy - CC-ADM-24-003.pdf
2. Attachment 1 - Government Code 36512.pdf
3. Attachment 2 - Elections Code Section 1000.pdf
City Manager Pulone said former Councilman Hernandez submitted his formal letter of resignation from the City Council on January 11, effective that morning before he was sworn onto the Yorba Linda Water District Board.
Government Code (GC) Section 36512(b), indicates that 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. However, in this case based on the timing, if it were left for an election decision, it would be until the November of 2024 election.
Diane Kanne, resident, expressed concerns with selecting someone to fill the vacancy during the remaining few months of the term. She said she believes this could heavily impact the upcoming elections and give the incumbent an unfair advantage on the ballot. She suggested selecting a well-qualified person who pledges not to run on the November 2024 ballot, or leave the seat vacant.
Richard de Bruijn, resident, echoed the comments made by Ms. Kanne.
A discussion ensued among Council regarding their appointment options.
Moved by
Lim
Seconded by
Haney
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.
AYES (4)
Rodriguez, Haney, Campbell, and Lim
CARRIED (4 to 0)
13. CITY COUNCIL APPOINTMENTS TO VACANT POSITIONS ON ORGANIZATIONS, AGENCIES AND COMMITTEES
1. Appointments to Organizations, Agencies and Comm. - CC-ADM-24-005.pdf
2. Attachment 1 - Mayor's Recommendations to Vacant Positions.pdf Moved by
Campbell
Seconded by
Haney
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.
AYES (4)
Rodriguez, Haney, Campbell, and Lim
CARRIED (4 to 0)
ADJOURNMENT
Mayor Campbell adjourned the meeting in memory of former Traffic Commissioner Manuel E. “Manny” Ortega, who passed away on December 31st, at 7:57 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on February 6, 2024.