Council Meeting - April 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) (4 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 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 5:31 p.m.
RECESS
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority reconvened at 6:39 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
City Manager Mark Pulone
INVOCATION
Pastor Brian Long, Yorba Linda United Methodist Church
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
COMMENDATION TO COMMUNITY DEVELOPMENT DIRECTOR DAVID BRANTLEY Mayor Tara Campbell presented Community Director David Brantley with a commendation in honor of his upcoming retirement. She spoke of his many accomplishments and successful projects while serving the community and commended him for his dedication.
Council thanked him for his twenty-nine years of service to the City and wished him luck with his well-deserved retirement. He also received recognitions from the offices of Congresswoman Young Kim, Senator Kelly Seyarto,
Senator Josh Newman, and Assemblyman Phillip Chen.
Director Brantley expressed his gratitude to his colleagues and the community.
11th MEU ADOPTION COMMITTEE PROCLAMATION DECLARING APRIL 13TH AS MEU DAY Mayor Campbell presented a proclamation to President of the Yorba Linda 11th MEU Adoption Committee, Bob Jones, declaring April 13th, annually, as 11th MEU Day. She said the 11th Marine Expeditionary Unit at Camp Pendleton was established on April 13, 1979, to protect and serve the United States of America and its citizens; and the 11th Marine Expeditionary Unit was adopted in Yorba Linda in 2015 to promote active military.
The 11th MEU also received a certificate from the office of Assemblyman Chen. President Jones thanked Council for the proclamation and expressed his enthusiasm to work with Council and the community to support the members of the 11th MEU.
LOVE YORBA LINDA PROCLAMATION
In recognition of the City's upcoming community-wide service day, Mayor Campbell invited Traffic Commissioners Anthony Johnson, Sean Phayakapong, and Library Commissioner Alex Hernandez and committee members Lynn Campbell and Lisa Sherg to the podium and presented them with a proclamation declaring annually the last Saturday of April as “Love Yorba Linda Day”, this year being held on April 27, 2024. Mayor Campbell said the City also received a certificate from the office of Assemblyman Chen.
Traffic Commissioner Anthony Johnson spoke about the upcoming Love Yorba Linda event and said they're anticipating over 1,000 volunteers. He said that this year they are also incorporating a food and hygiene drive to benefit Yorba Linda Food for Families Pantry and a blood drive.
INTRODUCTION OF NEW STAFF MEMBER HANA EBRAHIM, MANAGEMENT ANALYST City Manager Pulone introduced Hana Ebrahim, Management Analyst, who recently joined the City's Administration Department. City Manager Pulone said Hana previously worked for the cities of Lake Forest and Irvine. She is an Orange County native and holds her Bachelor's Degree and Master's Degree from Cal State Long Beach, she enjoys running, biking and traveling on her spare time.
Council welcomed Hana to the Yorba Linda team.
INTRODUCTION OF NEW STAFF MEMBER CHRIS DOMINGUEZ, SENIOR PLANNER Next, City Manager Pulone introduced new Senior Planner Chris Dominguez, who recently worked for the cities of Scottsdale, Arizona, Laguna Hills and most recently Laguna Beach. He holds Bachelor’s and Master’s Degrees in Urban and Regional Planning from Arizona State University and UC Irvine and enjoys traveling, photography, going to Angels baseball games.
City Council welcomed him to the team.
CHAMBER OF COMMERCE QUARTERLY UPDATE AND BUSINESSES OF THE MONTH RECOGNITIONS Next, Mayor Campbell invited Yorba Linda Chamber of Commerce Chairman of the Board, John Kalil to provide the Quarterly update. He shared a PowerPoint presentation highlighting membership, electronic waste, the Yorba Linda Chamber of Commerce Foundation, closed business recorded and Certificates of Origin statistics. He spoke about their member events, such as the CBA Mixer, Lunch Mobs, Business Walk-About, and ribbon cuttings. He concluded his presentation by recognizing the businesses of the month for January, February and March respectively as: The Cookie Element, Station Donuts (not in attendance) and Radcliffe & Associates, and said their second Yorba Days event will be held on Saturday, May 4th from 10:00 a.m. to 2:00 p.m on historic Main Street.
Council presented the businesses of the month with a certificate of recognition and thanked them for their contributions to the community.
ECONOMIC DEVELOPMENT UPDATE
Colleen Callahan, Economic Development Manager, introduced Blake Kaplan, Managing Director-Retail with JLL and Bobby Young, Client Services Director with HdL Companies. Mr. Kaplan shared a retail overview PowerPoint highlighting the changing landscape of retail, retail spending trends, and restaurant and bar spending. He said vacancies are below pre-pandemic levels but rent recovery is slow. He also covered store openings & closings, labor shortages, suburban shopping center foot-traffic, movie theatre outlook and mixed-use redevelopments.
Mr. Young spoke about e-commerce and how online shopping impacts jurisdictions, specifically AB 147, California's sales tax collection law which imposed regulations on out-of-state retailers and how that sales tax would be allocated.
Mayor Campbell thanked Mr. Kaplan and Mr. Young for their reports and encouraged the community to dine and shop locally so that the City can benefit from the sales tax revenues. A conversation ensued among Council and the consultants regarding retail, shopping locally and creating experiences in the community.
Councilwoman Peggy Huang said she would like to see this discussion as an agenda item in the future rather than a presentation in order to learn more information.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Trudi DesRoches, Yorba Linda Water District President, thanked Council for their support and participation in the dedication of the J. Wayne Miller, Ph.D. Water Treatment Plant earlier in the day. She said the district is offering facility tours and said the next one is April 26th. She urged anyone interested to contact herself or the District to attend a tour. She said the district is continuing with their construction projects but there are currently no changes to provide. She concluded by congratulating Director Brantley for his retirement.
Kerensa Schupmann, Orange County Employees Association, introduced herself and the City's Miscellaneous Bargaining Unit Board and said employees are hoping the Council will recognize their efforts to reach a fair and equitable agreement.
CONSENT CALENDAR
Mayor Pro Tem Beth Haney stated that she would be abstaining from Item No. 3, as she was absent from that Council meeting.
City Attorney Litfin stated that although Mayor Campbell works for the County of Orange, she can still participate in Item No. 11 as it pertains to Orange County Animal Care and not her department.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar.
AYES (5)
Rodriguez, Lim, Huang, Campbell, and Haney
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 – APRIL 16, 2024
1. AP Check Register 4-16-24 - CC-FIN-24-019.pdf
2. Attachment 1 - AP Check Register 4-16-24.pdf
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated April 16, 2024, in the amount of $2,280,852.97.
3. APPROVAL OF THE MINUTES OF THE APRIL 2, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Apr02_2024 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the April 2, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – FEBRUARY 2024
1. Treasurers Report Feb 2024 - CC-FIN-24-020.pdf
2. Attachment 1 - Treasurers Report Feb 2024.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. 2024-5883 APPROVING MAIN STREET AND ARROYO WAY TEMPORARY STREET CLOSURES
1. Main St and Arroyo Way Temporary Street Closures - CC-PW-24-014.pdf
2. Attachment 1 - Res No. 2024-5883 Main Street Closure.pdf
3. Attachment 2 - Traffic Control Plan (1).pdf
It is recommended that the City Council: 1.) Adopt Resolution No. 2024-5883 approving the request to temporarily close Main Street from just north of the Yorba Linda Town Center entrance to Lemon Drive, and Arroyo Way from Main Street to School Street; and 2.) Authorize the Director of Public Works/City Engineer to approve future street closure requests for the same events from the same applicants, unless substantial changes have warranted that this request be brought back to the Traffic Commission and City Council for review again.
6. RESOLUTION NO. 2024-5884 APPROVING LA CONCETTA DRIVE TEMPORARY STREET CLOSURES
1. La Concetta Temporary Street Closures - CC-PW-24-013.pdf
2. Attachment 1 - Res No. 2024-5884 La Concetta Temp Street Closure.pdf
3. Attachment 2 - Traffic Control Plan.pdf
It is recommended that the City Council adopt Resolution No. 2024-5884, approving Roadway Construction Service’s request to conduct a temporary street closure to replace a power pole on La Concetta Drive between Pacifica Avenue and Bastanchury Road.
7. FUNDING OF THE NORTH ORANGE COUNTY SERVICE PLANNING AREA (NORTH SPA) NAVIGATION CENTERS
1. North SPA Funding - CC-ADM-24-021.pdf
It is recommended that the City Council of the City of Yorba Linda: 1.) Appropriate an additional $48,372 of SB 2 funds, and $49,175 from the General Fund for the purpose of paying the City’s share of costs for the North SPA Navigation Centers for FY 22-23; and 2.) Authorize a reimbursement of $49,175 of SB 2 funds to the General Fund upon receipt from the State Department of Housing and Community Development (HCD).
8. ADOPT RESOLUTION 2024-5885 CONTINUE EMERGENCY CONDITIONS, RECEIVE AND FILE THE STATUS UPDATE FOR EMERGENCY CONDITIONS AT YORBA LINDA BOULEVARD AND IMPERIAL HIGHWAY SINKHOLE REPAIR PROJECT (SD241001), AND APPROVE CONTRACT CHANGE ORDER
1. Sinkhole Emergency Conditions Status Update - Yorba Linda Blvd Imperial Hwy - CC-PW-24-015.pdf
2. Attachment 1 - Resolution No. 2024-5885.pdf
3. Attachment 2 - Emergency Proclamation.pdf
It is recommended that the City Council: 1.) Receive and file this report regarding emergency conditions for the Yorba Linda Boulevard and Imperial Highway Sinkhole Repair Project (SD241001); and 2.) Adopt Resolution 2024-5885 upholding the Local Emergency Proclamation made by the Director of Emergency Services on February 27, 2024, and determine that the need for the Local Emergency Proclamation is continuing; and 3.) Approve a supplemental budget appropriation in an amount of $65,147.00 from the Master Plan of Drainage Fund (403) with a corresponding budget increase to the SD241001 Project Budget, for a revised not-to-exceed project budget of $640,147.00; and 4.) Authorize staff to execute a Contract Change Order in an approximate amount of $290,000.00, beyond the previously approved contingency amount with L&S Construction Services, Inc. for the Yorba Linda Boulevard, and Imperial Highway Sinkhole Repair Project construction for a projected revised contract amount not-to-exceed $556,650.00; and 5.) Approve a supplemental contract contingency amount of 15% of the estimated Contract Change order for $43,500.00 and keep in place the current contingency amount of $39,997.00 (15% of original contract value) in contract contingencies for further potential additional services and unanticipated work that may arise, for a total contingency amount not-to-exceed $83,497.00.
9. DENIAL OF CLAIMS FOR DAMAGES - HAZBOUN, HON
1. Denial of Claim for Damages-Hazboun, Hon - CC-ADM-24-022.pdf It is recommended that the City Council of the City of Yorba Linda deny the claims for damages filed by Bechara Hazboun and David Hon.
10. APPROVAL OF AN AMENDMENT TO THE GENERAL LIABILITY AGREEMENT WITH GEORGE HILLS FOR ON-CALL SUBROGATION SERVICES
1. Amendment - George Hills Subrogation Services - CC-ADM-24-025.pdf
2. Attachment 1 - Vendor background and qualifications.pdf
3. Attachment 2 - Contract.pdf
It is recommended that the City Council authorize the City Manager to execute contract services amendments and potential future amendments to the Professional Service Agreement with George Hills Company, Inc. within the designated contingency amount, on behalf of the City Council.
11. APPROVAL OF FY 2024/25 ANIMAL CARE NOTICE OF INTENT
1. Approval of FY 2024-25 Animal Care Notice of Intent - CC-ADM-24-023.pdf
2. Attachment 1 - Current Animal Care Services Agreement.pdf
3. Attachment 2 - Notice of Intent FY 2024-25.pdf
It is recommended that the City Council approve and authorize the Mayor to sign the Notice of Intent with Orange County Animal Care for animal control and shelter services for the period of July 1, 2024 through June 30, 2025.
12. CERTIFICATE AS TO VERIFICATION OF SIGNATURES FOR YORBA CANYON COMMUNITY INITIATIVE PETITION
1. Verification of Signatures - Yorba Canyon Comm. Initiative Petition - CC-ADM-24-026.pdf
2. Attachment 1 - Certification Documents.pdf
It is recommended that the City Council accept the Certificate as to Verification of Signatures from the Registrar of Voters for the petition entitled “Yorba Canyon Community Initiative Petition”.
13. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 4-10-24.pdf
It is recommended that the City Council receive and file this report.
14. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-019.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.
PUBLIC HEARING
15. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2024/2025 FUNDING
1. CDBG Application for FY 2024-25 Funding - CC-CD-24-008.pdf a. Open Public Hearing
b. Staff Report
Mayor Campbell said this item will be continued to the May 7th meeting. c. Take Testimony
None.
d. Close Public Hearing
e. Make Determination
Moved by
Campbell
Seconded by
Haney
It is recommended that the City Council continue the public hearing to May 7, 2024, City Council meeting for the Community Development Block Grant Application for Fiscal Year 2024-2025 Funding.
AYES (5)
Lim, Huang, Haney, Campbell, and Rodriguez
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone shared that last week the City's Planning Commission approved the expansion of the Richard Nixon Presidential Library and Museum. He said the project has all the approvals and they anticipate construction will get started soon. He also said the City has several Housing Element meetings coming up, including a Traffic Commission Public Hearing on April 25th in addition to three In-Person Community meetings on May 1st, May 9th and May 15th. He encouraged residents to visit www.yllocalcontrol.com for more information.
Councilwoman Janice Lim attended the Yorba Linda Water District meeting and reported that the District is working on the septic-to-sewer conversion process. She also visited the Navigation Center in Buena Park and Placentia and reported that they will be changing providers with the transition taking place in July. Councilwoman Lim also toured Providence St. Jude where she learned that there is an unfunded mandate of $7 billion in 2030 that they are concerned about, and said local electeds met there to discuss the subject matter. She shared that she secured their participation in the Navigation Center in Placentia to offer mental health services.
Mayor Pro Tem Haney said as member of the Board of Directors for the Orange County Fire Authority, she was invited to attend a large animal rescue training at The Shea Center in San Juan Capistrano. She spoke of the organization and said firefighters are instrumental in protecting horses during emergencies. As Chair of the Placentia-Linda Hospital Governing Board, she announced that it is now known as UCI Placentia-Linda. Mayor Pro Tem Haney expressed her excitement to have UCI locally. She reminded residents to utilize the MyCivic311 Service Request application to request repairs around the City when needed.
Councilwoman Huang thanked Director Brantley for his tremendous contributions to the City and all of the projects he worked on throughout his career with the City. She wished him the best with his retirement.
Councilman Carlos Rodriguez echoed the comments made by Councilwoman Huang and wished him a wonderful new journey with his family. He thanked Yorba Linda Police Services and shared that www.safewise.com recently released a report with the 10 safest cities in California and said Yorba Linda is ranked #3. He concluded his comments by expressing his excitement to see volunteers at Arroyo Park in a few weeks for Love Yorba Linda day.
Mayor Campbell announced Jalapeños Mexican Food in the Stater Bros center is now open and Iron Mike's Shooting Range on La Palma Avenue will be opening soon. She expressed her excitement for the new businesses and reminded residents to shop Yorba Linda. Mayor Campbell invited the community to the Community Safety and Crime Prevention Event on Thursday, April 25 from 6:00 to 7:30 p.m. at the Yorba Linda Community Center to learn about recent crime trends, distraction crimes, and prevention and safety tips. She also shared the upcoming National Prescription Take Back Day on Saturday, April 27, 2024, from 10:00 a.m. to 2:00 p.m at the Yorba Linda Police Services Substation. She encouraged residents to drop off unwanted, unused or expired medications and said the event is free and anonymous. Mayor Campbell concluded her comments by sharing that the Parks and Recreation Department is seeking teenagers interested in assisting with the summer recreation programs. She said volunteers will gain valuable work experience and earn community service credit. More information and applications will be found on the City website.
ADMINISTRATIVE REPORT
16. CITY MEMBERSHIP IN THE LEAGUE OF CALIFORNIA CITIES
1. City Membership in the League of California Cities - CC-ADM-24-020.pdf
2. Attachment 1 - Yorba Linda Dues Packet 2024 - 2023 Annual Report.pdf
3. Green Sheet - Attachment 2 - Cal Cities Membership Value Report.pdf City Manager Pulone spoke about the City's membership in the League of California Cities and said at a recent Council meeting, Council requested that this topic be agendized for discussion. He said the City's membership dues are paid on a calendar basis and membership is currently paid through December of 2024 and is budgeted for next year.
Connor Medina, Regional Public Affairs Manager for the League of California Cities - Orange County Division, introduced himself and spoke about the benefits the League membership offers the City.
Ali Taj, Mayor Pro Tem for the City of Artesia and Past President for the League of California Cities, spoke about the League and urged the City to continue its membership.
Mayor Pro Tem Haney expressed some of her concerns regarding membership and local control, specifically Proposition 1 and the Taxpayer Protection Act. Mr. Medina said the League met extensively to discuss this measure and though it was not perfect, they decided to support it due to the funding support would unlock. A lengthy conversation ensued among Council regarding membership and concerns with recent League decisions.
Councilwoman Huang urged her colleagues to join the several other cities that have left the League and suggested that the funds could instead be used to hire a lobbyist.
Moved by
Huang
Seconded by
Campbell
It is recommended that the City Council direct staff to withdraw the City of Yorba Linda’s membership in the League of California Cities effective immediately.
AYES (5)
Rodriguez, Lim, Huang, Haney, and Campbell
CARRIED (5 to 0)
ADJOURNMENT
Mayor Campbell adjourned the meeting in memory of long time Yorba Linda resident Rick Noonan at 8:58 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on May 7, 2024.