Council Meeting - March 05, 2024
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue.
ROLL CALL
Councilwoman Peggy Huang arrived at 5:45 p.m.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (2 Cases)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Kyle Brown v. City of Yorba Linda et al.
Case Number: 30-2023-01326405-CU-PO-CJC, Superior Court, County of Orange
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Steven Hickerson v. City of Yorba Linda, et al.
Case Number: 30-2024-01372071-CU-PO-NJC, Superior Court, County of Orange
D. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: City Manager Pulone
Employee Organizations: Yorba Linda Chapter of the Orange County Employees Association; Yorba Linda Mid-Management Association; and non-represented Management Employees
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
Mayor Pro Tem Beth Haney
INVOCATION
Pastor Brian Long, Yorba Linda United Methodist Church
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA None.
CONSENT CALENDAR
Councilwoman Huang requested to pull Item No. 10 from the Consent Calendar.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar with the removal of Item No. 10.
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. ACCOUNTS PAYABLE CHECK REGISTER – MARCH 5, 2024
1. AP Check Register 3-5-2024 - CC-FIN-24-009.pdf
2. Attachment 1 - AP Check Register 3-5-24.pdf
It is recommended that the City Council receive and file the accounts payable check register dated March 5, 2024, in the amount of $2,047,502.14.
3. APPROVAL OF THE MINUTES OF THE FEBRUARY 20, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Feb20_2024 - English.pdf
2. Green Sheet - Post-Meeting Minutes - CC_Feb20_2024 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 20, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – DECEMBER 2023
1. Treasurers Report - Dec 2023 - CC-FIN-24-007.pdf
2. Attachment 1 - Treasurers Report - Dec 2023.pdf
It is recommended that the City Council: 1.) Receive and file the attached monthly Treasurer’s Report; and 2.) Delegate investment responsibility to the City’s Finance Director / City Treasurer for a period of up to one year.
5. RESOLUTION NO. 2024-5878 AUTHORIZING THE REQUEST FOR DELAY OF M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP) FUNDS FOR THE LAKEVIEW AVENUE WIDENING PROJECT FROM BASTANCHURY ROAD TO ORIENTE DRIVE
1. Delay Request CTFP Lakeview Ave (Oriente to Bastanchury) - CC-PW-24-007.pdf
2. Attachment 1 - Resolution No. 2024-5878.pdf
It is recommended that the City Council adopt Resolution No. 2024-5878, authorizing the request for delay of Measure M2 Comprehensive Transportation Funding Program (CTFP) funds for the Lakeview Avenue Widening Project from Bastanchury Road to Oriente Drive (SI201003).
6. RESOLUTION NO. 2024-5879 AUTHORIZING THE REQUEST FOR DELAY OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP) FUNDS FOR THE YORBA LINDA BOULEVARD/WEIR CANYON ROAD CORRIDOR REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
1. Delay Request CTFP for YL RTSSP Project - CC-PW-24-003.pdf
2. Attachment 1 - Resolution 2024-5879.pdf
It is recommended that the City Council adopt Resolution No. 2024-5879, authorizing the request for delay of Measure M2 Comprehensive Transportation Funding Program (CTFP) funds for the Yorba Linda Boulevard/Weir Canyon Road Corridor Regional Traffic Signal Synchronization Project (TC231003).
7. SECOND AMENDMENT TO CONTRACT WITH TRIPEPI SMITH FOR COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT
1. Second Amendment Tripepi Smith - Housing Element Public Engagement - CC-CD-24-004.pdf
2. Attachment 1 - TS Contract Extension Proposal - March 2024.pdf
3. Attachment 2 - Tripepi Smith Second Amendment Letter with Exhibit 2024.pdf
4. Attachment 3- Tripepi Smith Original Letter of Agreement 2023.pdf It is recommended that the City Council: 1.) Authorize the City Manager to approve the second amendment to the current Letter of Agreement, amending the existing contract with Tripepi Smith for community engagement and public outreach assistance related to revisions to the 2021-2029 General Plan Housing Element; 2.) Approve a supplemental budget appropriation in the Planning Division budget in the amount of $155,000 and authorize a 15% contingency; and 3.) Extend the contract term to December 31, 2024.
8. AWARD OF CONTRACTS FOR ON-CALL BUILDING DIVISION PLAN REVIEW AND INSPECTION SERVICES
1. Award of Contracts for On-Call Building Division Plan Review and Inspection Services - CC-CD-24-006.pdf
2. Attachment 1 - Request for Proposals.pdf
3. Attachment 2 - City Standard Professional Services Agreements.pdf It is recommended that City Council authorize the City Manager to enter into professional services agreements with CSG Consulting Group, JAS Pacific Inc, VCA Code, and TRB and Associates for the provision of on-call Building Division Plan Review, Inspection, and staffing Services.
9. MAIN STREET SCE ELECTRICAL UPGRADE REIMBURSEMENT AGREEMENTS
1. Main Street SCE Electrical Upgrade Reimbursement Agreements - CC-ADM-24-015.pdf
2. Attachment 1 - SCE Upgrade Reimbursement Agreement - 4895 Main.pdf
3. Attchment 2 - SCE Upgrade Reimbursement Agreement - 18293 Imperial Highway.pdf Approve Reimbursement Agreements with the owners of 4895 Main Street and 18293 Imperial Highway for SCE Facility upgrades in the amount of $5,000 each, authorize recordation of the agreements on the properties, and authorize City Manager to execute documents and authorize minor amendments thereto.
11. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-014.pdf
2. Attachment 1 - Reports from CC.pdf
It is recommended that the City Council receive and file this report.
10. RATIFY THE CITY MANAGER'S PROCLAMATION OF EMERGENCY TO APPROVE EMERGENCY PROCUREMENT PROCEDURES ASSOCIATED WITH DAMAGES TO THE YORBA LINDA BLVD. AND IMPERIAL HWY SINKHOLE REPAIR PROJECT (Sd241001)
1. Ratification of Emergency Proclamation for Sinkholes near the intersection of YL Blvd and Imperial Hwy - CC-PW-24-008.pdf
2. Attachment 1 - Resolution No. 2024-5877.pdf
3. Attachment 2 - Emergency Proclamation.pdf
Councilwoman Huang said the staff report only mentioned that the County of Orange hasn’t been impacted to the extent needed to proclaim a countywide emergency therefore minimizing the opportunity for federal recovery fund availability. She inquired if the City has looked into State fund options to aid with the recovery.
City Manager Mark Pulone said staff intends to pursue any reimbursement available. Fortunately, he said the City does have flood funds that could be used if the City is unsuccessful in obtaining funds through FEMA or the State.
City Attorney Litfin explained the ratification process and said the City Manager, as the Emergency Operations Manager, has the authority to declare an emergency in the City, however, it then needs to go before Council for ratification of his action. He said the emergency automatically expires unless it returns to Council at the next regularly scheduled meeting, and as required thereafter, to be reauthorized, otherwise the emergency power would cease.
Moved by
Huang
Seconded by
Campbell
It is recommended that the City Council: 1.) Ratify the City Manager’s declaration of an emergency pertinent to the sinkhole, storm drain and pipeline repairs at the intersection of Yorba Linda Boulevard and Imperial Highway by adopting Resolution 2024-5877; and 2.) Authorize the City Manager to conduct necessary emergency procurement procedures, including award of a construction contract potentially exceeding $200,000 in advance of the next regularly scheduled Council meeting; and 3.) Direct staff to return to Council at the next regularly scheduled meeting, and as required by the City’s municipal code thereafter, to provide an update regarding the emergency conditions.
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS WAS TAKEN AFTER THE CONSENT CALENDAR BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA.
PUBLIC HEARING
12. PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 2024-5876 APPROVING THE ISSUANCE OF TAX-EXEMPT BONDS IN SUPPORT OF THE LAKEVIEW SENIOR APARTMENT PROJECT
1. CC SR TEFRA Hearing Bond Issuance Approval (Community Finance Corporation and ETCO Homes) - CC-CD-24-005.pdf
2. Attachment 1 - CFC Cover Letter.pdf
3. Attachment 2 - CFC Overview.pdf
4. Attachment 3 - Summary of Financing .pdf
5. Attachment 4 - Resolution No. 2024-5876.pdf
a. Open Public Hearing - Mayor Tara Campbell opened the public hearing. b. Staff Report
Community Development Director David Brantley provided a staff report on the item. ETCO Homes, the original applicant initiated project construction in 2021, however, the project development stopped as a result of constraints in the commercial lending market. ETCO Homes is unable to commercially finance the construction of the Project, and for the development to move forward, Community Finance Corporation (“CFC”), has proposed to form CFC – Yorba Linda I, LLC, and purchase the parcel from ETCO to finance, construct, develop, equip and operate the senior living facility. Director Brantley spoke of the bonds to be issued and the Lessening the Burdens of Government Standard.
Gary Molenda, Community Finance Corporation, said there are no risks to the City with respect to the bond financing, and said the CFC exists to lessen the burdens of government. c. Take Testimony
None.
d. Close Public Hearing - Mayor Campbell closed the public hearing. e. Make Determination
A conversation ensued among Council and staff regarding the project lessening the burden for government and the Housing Element Cycle.
Moved by
Haney
Seconded by
Huang
It is recommended that the City Council: 1.) Conduct a Tax Equity and Fiscal Responsibility Act (“TEFRA”) Hearing and approve Resolution No. 2024-5876 after the hearing in the manner contemplated by IRS Code Section 147(f), and 2.) Make a finding in Resolution No. 2024-5876 that the Borrower’s actions related to the project directly lessen the City’s Governmental Burdens, to show that the financing is consistent with CFC’s charitable purpose, and 3.) Appoint the City Manager or his designee to serve as City representative to an Advisory Committee, to assist CFC in the operation and management of the Project.
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone did not have a report.
Councilwoman Janice Lim reminded the community that the Susanna Bixby Bryant Museum is open the first Saturday of every month from 1:30 p.m. to 3:30 p.m.
Councilman Carlos Rodriguez said the Orange County Council of Governments and Association of California Cities - Orange County recently sent a letter to the U.S. Environmental Protection Agency (EPA) to request a 30-day extension on a comment period, which did occur, regarding the U.S. EPAs proposed disapproval of South Coast Air Quality Management District's (SCAQMD) plan for the 1997 8-hour ozone standard. He said if the U.S. EPA finalizes disapproval of the plan, a sanctions clock under the Clean Air Act will be triggered leading to different emission requirements and regulations, as well as potential prohibition of Federal highway funding that could affect Orange County. He spoke about smog-forming emissions and urged local businesses and residents to submit public comments so that the Federal government does not withhold funding to the region and said more information can be found on the AQMD website.
Councilwoman Huang echoed the comments made by Councilman Rodriguez. She spoke about the Asian Citrus Psyllid Program and said the City will be treated for this citrus pest, and urged residents that have citrus fruit in Orange County to not take their citrus outside of the County to minimize the spread.
Mayor Campbell announced the upcoming Teen Job Workshop hosted by the Parks and Recreation Department on Friday, March 8 from 5:30 p.m. to 7:00 p.m. at the Thomas Lasorda Jr. Field House. She said the workshop will be presented by City staff and high school teens between the ages of fourteen to seventeen looking to apply for jobs or volunteer opportunities will have the opportunity to learn how to create a resume, prepare for an interview, and much more. The workshop is free, you just need to register at www.YLRecOnline.com. Mayor Campbell shared that the Wildfire Insurance Meeting is planned for March 27th from 6:00 p.m. to 8:00 p.m. at the Yorba Linda Public Library (Community Room). Mayor Campbell said that Tonya Martin, representing the Office of Ricardo Lara, California Insurance Commissioner, will be available to address concerns and offer resources to the Yorba Linda community. She said residents do not need to RSVP and can find more information on the City's website. Mayor Campbell concluded her comments by asking residents to save the date for the City’s 40th Egg-Citement, held on March 30th at Hurless Barton Park at 10:00 a.m. The event will feature crafts, games, face painting, a petting zoo, age-specific hunt zones, and a special visit from the bunny. The event is free so no pre-registration is necessary. She concluded her comments by inviting residents to attend the Yorba Linda Woman's Club Spring Craft Fair on Saturday, March 9th from 9:00 a.m. to 4:00 p.m. and Sunday, March 10th from 10:00 a.m. to 4:00 p.m. at the Yorba Linda Community Center.
ADMINISTRATIVE REPORT
13. FISCAL YEAR 2023/24 MID-YEAR BUDGET UPDATE
1. FY 23.24 Mid-Year Budget Report - CC-FIN-24-008.pdf
2. Attachment 1 - Mid-Year Budget Requests FINAL(2).pdf
3. Attachment 2 - FY 23.24 Budget Adjustment Listing at Mid-Year.pdf
4. Attachment 3 - Authorized Position Listing Rev 3-5-2024 DRAFT.pdf Finance Director Dianna Honeywell provided a PowerPoint overview of the FY 2023/24 Mid-Year Budget Update. She said General Fund Review is projected to decrease by $149,500 while General Fund appropriations are projected to decrease by $152,500. She discussed mid-year personnel changes and budget adjustments and concluded her comments with a summary of projects and staff's recommendation.
A lengthy conversation ensued among Council regarding the sales tax reduction and options to help increase sales tax revenue. Councilwoman Huang said she would like to have a member of the Yorba Linda Chamber of Commerce discuss the current retail environment, how small business owners can be supported and how to attract more businesses. Mayor Campbell agreed and suggested including JLL Properties in that conversation.
Moved by
Huang
Seconded by
Lim
It is recommended that the City Council: 1.) Approve adjustments to the fiscal year 2023/24 operating budget as follows, Attachment 1, 2.) Receive and file the attached list of line-item budget transfers and supplemental budget appropriations for the first two quarters of the fiscal year Attachment 2, as required by City Council Policy A-15 – Supplemental Budget and Line-Item Transfers. 3.) Approve one change to the Authorized Position List Attachment 3.
Fund
Resources
Appropriations
General Fund
<$149,488>
<$152,564>
LMAD Fund
$0
<$6,500>
Library Fund
$0
$15,467
CDBG Fund
$0
$
5,000
AQMD Fund
$0
$10,000
PEG Fund
$0
$60,500
CIP Fund
$274,787
$274,787
Master Plan of Drainage Fund
$0
$550,000
Black Gold Golf Club Fund
$0
$209,958
Total
$125,299
$966,648
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
PUBLIC HEARING ITEM NO. 12 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA.
ADJOURNMENT
Mayor Campbell adjourned the meeting at 7:21 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on March 19, 2024.