Council Meeting - May 21, 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
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) (7 Cases)
B. 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 6:34 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Councilwoman Peggy Huang
INVOCATION
Bishop Tom Lindsey, Church of Jesus Christ of Latter-Day Saints
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
PROCLAMATION RECOGNIZING NATIONAL PUBLIC WORKS WEEK
Mayor Tara Campbell invited Public Works Director / City Engineer Jamie Lai to the podium and presented her with a proclamation declaring May 19 - 25th as National Public Works Week.
Director Lai thanked Council for the proclamation.
TRAUMA INTERVENTION PROGRAM (TIP) YEARLY UPDATE & RECOGNITION OF TIP VOLUNTEERS MaryEllen Lowrey, TIP Executive Director said May is Mental Health Awareness month and said she believes TIP is a great resource when fighting mental illness. She spoke briefly about TIP and provided assistance statistics for the last year. Mayor Campbell presented the following volunteers with a certificate of recognition: Melinda Chester, Kim Holt, Paula Diluigi, and Shari Suzuki. Council thanked the volunteers for the unselfish dedication of their time, their courage and their compassion during stressful situations.
The volunteers also received certificates from the offices of Congresswoman Young Kim, Senators Josh Newman and Kelly Seyarto, and Assemblyman Phillip Chen. Pat Buttress, representative of Orange County Board of Supervisors Chairman Don Wagner's office was in attendance to present each volunteer with a recognition.
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN DE ANNE WIGGINTON Chief of Police Services Captain De Anne Wigginton began her presentation by introducing Sergeant Donny Lee to the community. Captain Wigginton said Sgt. Lee was a valuable part of the transition from Brea Police to Orange County Sheriff's Department, as he lateraled in 2012. She then continued her PowerPoint presentation, for the months of January and April. She provided traffic, crime, residential burglary and arrest data and shared information on three significant arrests, one on January 22nd, February 28th and March 1st for gas stealing, a stolen vehicle and a theft spree respectively. Captain Wigginton concluded her presentation by updating the community on recent crime prevention events including a Financial Crimes Presentation on March 7th, Community Safety & Crime Prevention on April 25th, and the following community events: Principal of the Day on March 27th, Coffee with a Cop on February 15th, Heros Supporting Heroes on March 28th, Love Yorba Linda and Drug Take Back, both on April 27th.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Kerensa Schupmann, Orange County Employees Association, spoke on behalf of 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. She said inflation has risen over the years and employee salaries have not equitably increased to meet the demands of the market. She presented a signed petition from employees to Council.
Tom Lindsey, Yorba Linda Water District Board Director, provided an update on current projects happening throughout the community, including a third heli-hydrant that is underway and anticipated to be completed by the end of the year, if not by fire season. He also spoke about booster pump stations and sewer line replacements, among other projects. He encouraged residents who have questions about a project, to contact the District for more information.
Tom Castanzo, resident, expressed concerns with contractors. He said he continues to have issues with contractors parking their trucks on landscaping. He also said the City has not created a project manager check sheet.
Scott Griffiths, owner of Great Scott Tree Service, said his company was honored to be a part of the Citywide Tree Trimming Services project that was previously bid. He said his company was one of three to submit a proposal, and they provided the lowest bid and expressed concerns with the rejection of bids presented on the agenda.
Kirt Hinshaw, Great Scott Tree Service, said he does not believe the City should reject all bids and recommence the bid process for this project and said it would tarnish the integrity of the bidding process.
Dave Ramocinski, resident, said he reviewed the bid submittals for the Citywide Tree Trimming Services project on the Consent Calendar for rejection and said the bidding included about half a million dollars for tree trimming and disposal. He suggested placing the wood in designated areas for residents who need firewood to pick up and use. He said this could save the City substantial costs and benefit the community.
CONSENT CALENDAR
Moved by
Huang
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar.
AYES (4)
Haney, Campbell, Huang, and Lim
ABSENT (1)
Rodriguez
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 – MAY 21, 2024
1. AP Check Register 5-21-24 - CC-FIN-24-023.pdf
2. Attachment 1 - AP Check Register 5-21-24.pdf
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated May 21, 2024, in the amount of $1,012,681.23.
3. APPROVAL OF THE MINUTES OF THE MAY 7, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_May07_2024 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the May 7, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – MARCH 2024
1. Treasurers Report March 2024 - CC-FIN-24-022.pdf
2. Attachment 1 - Treasurers Report March 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. APPROVAL OF AMENDMENT NO. 2 – HASA INC., SPLASH PAD AND WATERSLIDE TESTING AND MAINTENANCE
1. Approval of Amend No. 2 - HASA Inc., Splashpad, Waterslide Testing and Maint - CC-PR-24-013.pdf
2. Attachment 1 - Maintenance Agreement HASA .pdf
3. Attachment 2 - Amendment No. 1 with HASA .pdf
4. Attachment 3 - Amendment No. 2 with HASA .pdf
It is recommended that City Council approve Amendment No. 2 to the November 11, 2022, Agreement with HASA Inc. dba Commercial Aquatic Services in the amount of $35,000 extending services through June 30, 2025.
6. ONE-YEAR EXTENSION TO PROFESSIONAL SERVICES AGREEMENT WITH JONES LANG LASALLE BROKERAGE, INC. TO PROVIDE RETAIL RECRUITMENT AND ATTRACTION SERVICES TO RETAIL CENTERS THROUGHOUT THE CITY
1. JLL Professional Services Agreement Extension - CC-ADM-24-035.pdf
2. Attachment 1 - Prof Serv Agrmt Amend No. 1 JLL.pdf
It is recommended that the City Council direct the City Manager to sign a one-year extension to the Professional Services Agreement with Jones Lang LaSalle Brokerage, Inc. (JLL) to assist the City in providing retail recruitment and attraction services to retail centers throughout the city.
7. APPROVE RENEWAL AMENDMENT TO AGREEMENTS FOR LANDSCAPE MAINTENANCE SERVICES WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PACKAGES B, D, AND G
1. Extension of Maintenance Agmts for LMAD Packages B, D and G - CC-PW-24-021.pdf
2. Attachment 1 - Merchants Package B (Amendment No. 5).pdf
3. Attachment 2 - Merchants Package D (Amendment No. 5).pdf
4. Attachment 3 - Nieves Package G (Amendment No. 3).pdf It is recommended that the City Council: 1.) Approve an additional term renewal to the Maintenance Service Agreement (No. 21220061) with Merchants Landscaping Services, Inc., for the Landscape Maintenance within Landscape Maintenance Assessment District (LMAD) Package B, to extend the term of the agreement for two-years and increase compensation by eight percent (8%) for the first year and a further two percent (2%) the following year for a not-to-exceed amendment amount of $1,406,385.06; and 2.) Approve an additional term renewal to the Maintenance Service Agreement (No. 21220063) with Merchants Landscaping Services, Inc., for the Landscape Maintenance within LMAD Package D, to extend the term of the agreement for two-years and increase compensation by eight percent (8%) for the first year and a further two percent (2%) the following year for a not-to-exceed amendment amount of $1,528,075.48; and 3.) Approve an additional term renewal to the Maintenance Service Agreement (No. 21220067) with Nieves Landscape, Inc., for the Landscape Maintenance within LMAD Package G, to extend the term of the agreement for one-year and increase compensation by ten percent (10%) for a not-to-exceed amendment amount of $705,271.66; and 4.) Authorize the City Manager, on behalf of Council, to execute the proposed amendments and change order approval authority to execute future contract modifications and increases in amounts not to exceed fifteen percent (15%) of the annual approved agreement amounts for each respective agreement.
8. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH DAVID EVANS ASSOCIATES FOR THE LAKEVIEW AVENUE WIDENING FROM LEMON DRIVE TO ORIENTE DRIVE PROJECT
1. Award PSA to DEA for Lakeview Ave Widening Phase II - CC-PW-24-020.pdf
2. Attachment 1 - David Evans Associates Agreement.pdf
It is recommended that the City Council: 1.) Approve a Professional Services Contract with David Evans & Associates, Inc. (DEA) in the amount of $262,492.00 for the Lakeview Avenue Widening from Lemon Drive to Oriente Drive Project (SI231001); and 2.) Authorize the City Manager to approve additional expenditures up to $39,373.80 (15% of the agreement value) in contract contingencies for potential additional services and unanticipated work that may arise; for a total potential agreement amount not-to-exceed $301,865.80; and 3.) Authorize the City Manager to sign and execute the professional services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
9. REJECTION OF BIDS FOR CITYWIDE TREE TRIMMING SERVICES
1. Rejection of Bids for Citywide Tree Trimming Services - CC-PW-24-022.pdf It is recommended that the City Council reject all bids received for Citywide Tree Maintenance Services within the City of Yorba Linda.
10. DENIAL OF CLAIM FOR DAMAGES - SOUTHERN CALIFORNIA EDISON, BROWN AND REYES
1. Denial of Claim - Southern Calif Edison SCE, Brown, Reyes - CC-ADM-24-034.pdf It is recommended that the City Council of the City of Yorba Linda deny the claim for damages filed by Southern California Edison (SCE), George Brown and Edgar Reyes.
11. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 5-15-24.pdf
It is recommended that the City Council receive and file this report.
12. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-032.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
PUBLIC HEARING
13. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2024/25 FUNDING
1. CDBG Public Hearing - CC-CD-24-010.pdf
a. Open Public Hearing - Mayor Campbell opened the public hearing. b. Staff Report
Senior Office Assistant Nichole Valdez provided a brief staff report and discussed the program application and proposed monetary allocations. She said the City participates in the Community Development Block Grant Program annually, for which the City submits an application for fiscal year funding. The program allocates money for projects aimed at providing assistance to low or moderate-income areas to provide decent housing in a suitable living environment. The City will have available an estimated $270,096 in regular CDBG funds during the 2024/25 fiscal year. c. Take Testimony
None.
d. Close Public Hearing - Mayor Campbell closed the public hearing. e. Make Determination
Moved by
Huang
Seconded by
Haney
It is recommended that the City Council approve the projects associated with Yorba Linda’s Community Development Block Grant (CDBG) application for Fiscal Year 2024-2025. Furthermore, the Council may direct staff to submit an application package to the County of Orange Housing and Community Development offices in accordance with the previously approved Cooperation Agreement between the City of Yorba Linda and the County of Orange executed on June 17, 2014.
AYES (4)
Haney, Campbell, Huang, and Lim
ABSENT (1)
Rodriguez
CARRIED (4 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Mark Pulone said he had just returned from the ICSC (International Council of Shopping Centers) conference in Las Vegas. He said the City is committed to bringing and retaining business in Yorba Linda and staff did their best to match potential tenants to vacancies. He will keep the Council apprised of developments. Concerning Mr. Ramocinski's comment regarding the use of wood left from tree maintenance, he said staff had previously discussed this option, however, there were some liability concerns, but staff will examine and see if anything can be done.
Mayor Pro Tem Beth Haney attended the Vista Del Verde Park improvements ribbon cutting and the Mayor's Prayer Breakfast and said it was a beautiful ceremony.
Councilwoman Janice Lim said the Navigation Centers are looking for a new provider and one is a 14-acre Salvation Army center that provides mental health, drug and alcohol abuse services. They have 172 beds available and if the agreement with the Navigation Centers goes through, it will allow the Centers to participate in their programs. The national average success rate is about 7% and the Navigation Centers are not at the average, while the Salvation Army is at 25%, well beyond the average. She said the Yorba Linda Water District / City Council Joint Advisory Committee met and they discussed aligning permitting processes to simplify and streamline. She said Asian American Heritage Month is this month, and spoke of a movie currently playing at the Regal Yorba Linda called Sight, where a Chinese-American plays the main role. Councilwoman Lim concluded by sharing that Ice Cream with Deputies at Blue Scoop Creamery is on Friday, May 24th.
Mayor Campbell said she is happy to meet with Mr. Castanzo to discuss his concerns and she thanked Mr. Ramocinski for his idea and said the suggestion reminds her of the City's new compost program. Mayor Campbell responded to comments made about trees and landscaping and said the City is cautious of how funds are utilized and careful with contracts because the costs are paid by taxpayers and those paying the Landscape Maintenance Assessment District assessment fees. She said the City wants to get the most for the money spent while also not adding any undue costs. Mayor Campbell announced that the new basketball and pickleball courts are open at Vista Del Verde Park. She spoke of the Mayor's Prayer Breakfast and thanked Aaron Zapata and the Committee that organizes the event. She said May is Foster Care Month and encouraged anyone inclined to foster to help these children in need, and also thanked all the Rotarians for the great Lobsterfest. She echoed the comments made by Councilwoman Lim and invited residents to Ice Cream with Deputies on Friday, May 24, from 4:00 to 6:00 p.m. at Blue Scoop Creamery to kick off Memorial Day weekend. She also announced that the Veterans Memorial Association will hold its annual Memorial Day Ceremony on Monday, May 27 at the Veterans Memorial at Veterans Park at 2:00 p.m. The event will include the keynote speaker, retired United States Army Major General Mark Toy, the Los Angeles Police Emerald Society Pipes and Drums, the 11th MEU Color Guard, and the traditional Gold Star Roll Call. Lastly, Mayor Campbell discussed the Fentanyl Forum, scheduled for Wednesday, May 29 from 6:30 to 8:00 p.m. at the Yorba Linda Community Center where the community can learn about the opioid crisis, find resources for support, and participate in a Naloxone training session. She said each attendee will receive a complimentary box of Naloxone after the forum and thanked Chairman Don Wagner from the Orange County Board of Supervisors for hosting the event.
ADMINISTRATIVE REPORT
14. APPROVAL OF ENGINEER’S REPORT AND DECLARATION OF INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LMAD FOR FY 2024/25, RESOLUTION NOS. 2024-5888 AND 2024-5889 AND SETTING A PUBLIC HEARING DATE CONCERNING THE LEVY OF ASSESSMENTS
1. FY24-25 Engineers Report and Dec. of Intent to Levy Assessments - CC-PW-24-023.pdf
2. Attachment 1 - Resolution No. 2024-5888.pdf
3. Attachment 2 - Resolution No. 2024-5889.pdf
4. Attachment 3 - Fiscal Year 2024-2025 Engineer's Report.pdf City Attorney Liftin stated that because the LMAD assessments affect the entire City and each Councilmember owns property in the City, there may be a potential conflict of interest due to their real property interests per FPPC Regulation Section 18702.2(a)(3). However, under Section 18705(a), a public official may participate only if there exists no alternative source of decision for that legislative body. Here, approval of the Engineer’s Report and levying of assessments for LMAD is required by City Council per Landscaping and Lighting Act (Sts. & Hwy Code, Section 22623); therefore, the minimum number of Councilmembers can participate to reach quorum.
He further stated that under the Public Generally exception in Section 18703(e)(1), this could be perceived as not a conflict; however, the City is being cautious of the potential conflict. The Councilmembers’ real property interests at issue, which include each of the Councilmembers’ personal residence, are located in the following LMAD zones:
Councilwoman Lim – Arterial Landscaping Zone A-3, Local Landscaping Zone L2V, and Local Lighting Zone A, Arterial Lighting Zone, and Traffic Signal Zone TS-2; Councilwoman Huang – Arterial Landscaping Zone A-6, Local Landscaping Zone L5B, and Local Lighting Zone A, Arterial Lighting Zone, and Traffic Signal Zone TS-2; Councilman Rodriguez – Arterial Landscaping Zone A-5, Local Landscaping Zone L2G, and Local Lighting Zone A, Arterial Lighting Zone, and Traffic Signal Zone TS-2; Mayor Pro Tem Haney – Arterial Landscaping Zone A-4, Local Landscaping Zone L4A, and Local Lighting Zone A, Arterial Lighting Zone, and Traffic Signal Zone TS-2; and Mayor Campbell – Arterial Landscaping Zone A-7, Local Lighting Zone B, Arterial Lighting Zone, Traffic Signal Zone TS-2, and is not on a Local Landscaping Zone.
Mr. Liftin explained that the Councilmembers will draw straws to determine which three will participate. Following the draw, it was determined that Councilwoman Haney will not participate, nor will Councilman Rodriguez due to his absence. Mayor Pro Tem Haney recused herself from the meeting at 7:38 p.m.
Director Lai shared a brief PowerPoint highlighting the FY 2024/25 Engineer's Report. She provided an aerial view of the Local Landscape Zones, discussed their background, landscape projects, the Proposition 218 process and said Local Landscape Zone L-1A is projected to require Prop 218 actions in FY24-25. She concluded by requesting the adoption of the two resolutions and discussing next steps which would include the public hearing scheduled for June 4, 2024, and submittal of the assessment roll to the County Assessor by August 10th.
Moved by
Lim
Seconded by
Huang
It is recommended that the City Council: 1.) Adopt proposed Resolution No. 2024-5888, approving the Engineer’s Report regarding the levy of an annual assessment within the City of Yorba Linda Street Lighting and Landscaping Maintenance Assessment District (LMAD) for Fiscal Year 2024/2025; and 2.) Adopt proposed Resolution No. 2024-5889, declaring its intention to levy and collect assessments within the City of Yorba Linda Street Lighting and Landscaping Maintenance Assessment District (LMAD) for Fiscal Year 2024/2025, and setting a time and place for a public hearing concerning the levy of annual assessments.
AYES (3)
Campbell, Huang, and Lim
ABSTAINED (1)
Haney
ABSENT (1)
Rodriguez
CARRIED (3 to 0)
ADJOURNMENT
Mayor Campbell adjourned the meeting at 7:50 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on June 4, 2024.