Council Meeting - June 04, 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) (3 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 5:31 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 6:34 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Councilwoman Janice Lim
INVOCATION
Chaplain John Siu, Orange County Sheriff's Department
CLOSED SESSION REPORT
Deputy City Attorney Joseph Larsen said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF JESSICA YOUNG NAMED A LIBRARY JOURNAL MOVER AND SHAKER Mayor Tara Campbell invited Senior Librarian Jessica Young to the podium and recognized her for receiving the prestigious recognition of Mover and Shaker from the Library Journal for her talents and contributions to the library world. Mayor Campbell spoke of Jessica's advocacy for older adults and her inclusion efforts in library programming. Jessica also received recognitions from the offices of Congresswoman Young Kim, Senators Josh Newman and Kelly Seyarto, Assemblyman Philip Chen and Supervisor Don Wagner, from his representative Pat Buttress.
Jessica expressed her appreciation and said it is a pleasure to serve the community of Yorba Linda.
PROCLAMATION FOR WILDFIRE PREVENTION AWARENESS
Mayor Campbell invited Fire Chief Scott Wiedensohler to the podium and presented him with a proclamation proclaiming the height of wildfire season beginning in mid-summer and running through early autumn as “Wildfire Awareness and Prevention Season”. Council also reminded the community about the importance of drowning prevention.
Chief Wiedensohler thanked Council for the proclamation and reminded residents of the threat of potential fires in the surrounding area. He said they've held several town halls to educate residents and have prepared evacuation plans. He shared that another town hall will be held sometime in the fall.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Richard de Bruijn, resident spoke about the housing element and expressed concerns with previously approved housing numbers and what appears to be recent revisions. He said he was never made aware of a revision plan.
City Manager Mark Pulone assured Mr. de Bruijn that none of the numbers have changed. He said the City would be happy to explain the process to residents further, and said the difference in numbers has to do with what HCD has awarded in terms of credit for housing units vs. the theoretical potential of the site. The theoretical potential is the acreage times the density and HCD as a general rule has taken 15% off that number. Therefore, the City only gets credit for 85% of what is developable so the City has been using those numbers. He stressed that removing the Bryant Ranch Center from the housing inventory had no impact on the rest of the City.
CONSENT CALENDAR
Councilman Carlos Rodriguez stated that he will abstain from Consent Calendar Item No. 11, out of an abundance of caution due to his involvement with several organizations.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar.
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 – JUNE 4, 2024
1. AP Check Register 6-4-24 - CC-FIN-24-025.pdf
2. Attachment 1 - AP Check Register 6-4-24.pdf
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated June 4, 2024, in the amount of $11,103,014.75.
3. APPROVAL OF THE MINUTES OF THE MAY 21, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_May21_2024 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the May 21, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. AWARD OF CONTRACT FOR FACILITY AND PARK LANDSCAPE MAINTENANCE SERVICES
1. Award Facility and Park Landscape Maint. Services Contract - CC-PR-24-014.pdf
2. Attachment A - Nieves Agreement.pdf
It is recommended that
the City Council take the following actions: 1.)
Award a three-year contract for Facility and Park Landscape Maintenance Services to Nieves Landscape, Inc., of Santa Ana, CA in the amount of $815,347.44 ($271,782.48 annually) and reject all other bids; and 2.) Authorize the Mayor to sign and the City Clerk to attest said agreement.
5. RESOLUTION NO 2024-5896 ADOPTING THE CITY’S PROJECT FOR FISCAL YEAR 2024/2025 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
1. FY24-25 SB1-RMRA Resolution Report - CC-PW-24-024.pdf
2. Attachment 1 - Resolution No. 2024-5896.pdf
It is recommended that the City Council approve Resolution No. 2024-5896 adopting the City’s Project for Fiscal Year 2024/2025 funded by Senate Bill 1: Road Repair and Accountability Act of 2017.
6. APPROVAL OF RESOLUTION NO. 2024-5897 REGARDING THE STATUS AND UPDATE OF THE CITY OF YORBA LINDA’S PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2) PROGRAM
1. PMP Approval - CC-PW-24-026.pdf
2. Attachment 1 - Resolution No. 2024-5897.pdf
3. Attachment 2 - City of Yorba Linda-2024 PMP Report.pdf
4. Attachment 3 - Citywide Street Maintenance Zones.pdf It is recommended that the City Council adopt Resolution No. 2024-5897 regarding the status and update of the Pavement Management Plan for the Measure M2 (M2) Program.
7. OPERATIONAL AGREEMENT WITH THE NORTH ORANGE COUNTY PUBLIC SAFETY COLLABORATIVE
1. North Orange County Public Safety Collaborative Operational Agmt - CC-ADM-24-038.pdf
2. Attachment 1 - Operational Agreement.pdf
3. Attachment 2 - Second Amendment to MOU.pdf
It is recommended that the City Council: 1.) Approve the Operational Agreement with the North Orange County Public Safety Collaborative and authorize the City Manager to execute the Operational Agreement. 2.) Approve the continued selection of Drug Use Is Life Abuse as the City’s Community Benefit Organization for funding from the North Orange County Public Safety Collaborative and authorize the City Manager to execute the Second Amendment to Memorandum of Understanding.
8. CITY OF YORBA LINDA GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 5, 2024
1. Nov 5, 2024 General Election - CC-ADM-24-036.pdf
2. Attachment 1 - Res No. 2024-5891 - Calling 2024 Election.pdf
3. Attachment 2 - Res No. 2024-5892 - Req. Consolidation for 2024 Election.pdf
4. Attachment 3 - Res No. 2024-5893 - Adopting Reg. for Candidate Statements.pdf It is recommended that the City Council adopt the following Resolutions: 1.) Resolution No. 2024-5891, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the Election of certain officers as required by the provisions of the laws of the state of California relating to General Law cities. 2.) Resolution No. 2024-5892, requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 5, 2024, with the statewide General Election to be held on the date pursuant to Section 10403 of the Elections Code. 3.) Resolution No. 2024-5893, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.
9. RESOLUTION NO. 2024-5890 – FISCAL YEAR 2024/25 APPROPRIATIONS (GANN) LIMIT
1. GANN Appropriation Limit Resolution - CC-FIN-24-024.pdf
2. Attachment 1 - Resolution No. 2024-5890.pdf
Staff recommends that the City Council adopt Resolution No. 2024-5890 establishing the appropriations limit for fiscal year 2024/25.
10. APPROPRIATION OF FUNDS FOR BLACK GOLD GOLF CLUB MAINTENANCE EQUIPMENT
1. Appropriation of Funds for Black Gold Golf Club Equipment - CC-PR-24-015.pdf It is recommended that the City Council appropriate $115,000 to the FY 23/24 Black Gold Golf Club operating budget for purchase of golf course maintenance equipment.
11. LEGISLATIVE UPDATE AND ANALYSIS
1. Legislative Update and Analysis - CC-ADM-24-039.pdf
2. Attachment 1 - New Legislation Update and Analysis 6-4-24.pdf It is recommended that the City Council approve the proposed direction to staff on new bills in the state legislature that are being tracked in the attached report, “New Legislation Updates and Analysis – June 4, 2024,” which may include directing staff to send letters of opposition/support regarding these bills to advocate on behalf of the City of Yorba Linda.
12. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 5-29-24.pdf
It is recommended that the City Council receive and file this report.
13. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-037.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
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
14. RESOLUTION NO. 2024-5894, ORDERING COSTS FOR CITYWIDE LMAD AND CONFIRMATION OF ASSESSMENTS FOR FY 2024/25 OVERRULING ALL PROTESTS, AND LEVYING THE ASSESSMENTS CONFIRMED HEREIN
1. FY24-25 Engineers Report Approval - CC-PW-24-025.pdf
2. Attachment 1 - Resolution 2024-5894.pdf
3. Attachment 2 - Fiscal Year 2024-2025 Engineers Report.pdf Mayor Pro Tem Beth Haney and Councilman Rodriguez recused themselves from the meeting at 7:00 p.m. a. Open Public Hearing - Mayor Campbell opened the public hearing. b. Staff Report
Deputy City Attorney Larsen 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.
Public Works Director / City Engineer Jamie Lai provided a PowerPoint presentation on this item, highlighting what the LMAD is, the timeline since 1979, zones, updates since last year, including before and after landscape projects and Proposition 218 updates. She said one landscape zone is projected to require Proposition 218 actions in FY24-25 and that is Zone L-1A. She said outreach for this zone began earlier this year and staff anticipates the Prop 218 process being completed for this zone in early 2025. c. Take Testimony
Tom Castanzo, resident, expressed concerns with expenses and commented on landscaping bids and asked who oversees the bidding process.
Mayor Campbell stated for the record that the Council received an email in protest of this item from Kay Dotson. d. Close Public Hearing - Mayor Campbell closed the public hearing. e. Make Determination
A conversation ensued among Council regarding the special benefits and additional 3% bumps to help with the cost of material and labor. Mayor Campbell responded to Mr. Castanzo and informed him that yes, staff does oversee the bid process and is very careful of how money is spent, which is why several recent bid packages have all been rejected. Councilwoman Lim requested that if L-1A goes through the petition process, that the CPI + 3% (cost escalator) calculation and details be included in the ballot information.
Moved by
Huang
Seconded by
Lim
It is recommended that the City Council adopt proposed Resolution No. 2024-5894 (Attachment 1), pursuant to the provisions of the Landscaping and Lighting Act of 1972, ordering that the costs for certain improvements in the Citywide Yorba Linda Lighting and Landscaping Maintenance Assessment District shall be raised through installments over a period of years, confirming the diagram boundaries and assessments for FY 2024/2025 for the Citywide Yorba Linda Lighting and Landscaping Maintenance Assessment District, overruling all protests concerning the assessments, and levying the assessments confirmed herein.
AYES (3)
Campbell, Huang, and Lim
ABSTAINED (2)
Rodriguez, and Haney
CARRIED (3 to 0)
Mayor Pro Tem Haney and Councilman Rodriguez rejoined the meeting at 7:16 p.m.
ADMINISTRATIVE REPORT ITEM NO. 15 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone said that tomorrow the City will be sending out its monthly e-news publication and said that it includes several summer events and programs. He encouraged residents that have not signed up to receive the e-news publication to do so.
Councilwoman Lim thanked the community for participating in all of the Memorial Day events throughout the City and thanked the men and women who have served.
Councilwoman Peggy Huang reminded the community about the importance of water safety and drowning prevention.
Mayor Campbell also shared that the City is looking for its next Citizen of the Year and asked the community to nominate someone deserving that goes above and beyond for Yorba Linda. Nominations are currently being accepted until Tuesday, September 3rd. Forms along with detailed information about the program are available on the City's website. She concluded her comments by encouraging residents to participate in the Summer Reading Fun Fest on Saturday, June 15, from 10:30 a.m. to 1:00 p.m. The Fest will include carnival games, crafts, and other activities, including a magic show by Tony Daniels at 11:00 a.m. and 12:00 p.m.
PUBLIC HEARING ITEM NO. 14 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA.
ADMINISTRATIVE REPORT
15. FISCAL YEAR 2024/25 MID-TERM BUDGET UPDATE AND ADDITION OF FY 2030/31 TO THE CAPITAL IMPROVEMENT PROGRAM TO REMAIN IN CONFORMANCE WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY RENEWED MEASURE M2 AGREEMENT
1. FY 2024.25 Mid-Term Budget - CC-FIN-24-026.pdf
2. Attachment 1 - Mid-Term Revenue Adjustments.pdf
3. Attachment 2 - Mid-Term Expenditure Adjustments FINAL.pdf
4. Attachment 3 - FY 24.25 CIP Budget.pdf
5. Attachment 4 - OCTA CIP Database Submittal DRAFT 2024-5-29.pdf
6. Attachment 5 - 7 Year CIP Budget FINAL(1).pdf
7. Attachment 6 - FY 24.25 Authorized Position List.pdf
8. Attachment 7 - FY 24.25 Salary Schedule.pdf
9. Attachment 8 - Res No. 2024-5895 Mid-Term Budget Adjustments FINAL(1).pdf Finance Director Dianna Honeywell provided a PowerPoint presentation. She said the current Two-Year Budget was adopted on June 20, 2023, and a budget surplus of $532,562 in the General Fund was projected for fiscal year 2024/25. She discussed General Fund revenues and expenditures, requested mid-term budget adjustments, Capital Improvement Program funds, mid-term personnel budget and changes and she concluded with the staff recommendation.
Richard de Bruijn, resident, inquired about the current pension liability to CalPERs and said he is happy to see that Black Gold Golf Course is doing better and inquired what the outstanding net liability to the City is.
Director Honeywell stated that she believes the outstanding pension liability is roughly $22 million, but would need to verify. She said Black Gold Golf Course has been making annual payments to the City, and in some years, has made double payments. She believes the outstanding amount is approximately $1 million, but will verify that information as well.
A conversation ensued among Council and staff regarding the League of California Cities and obtaining a refund on membership that was paid prior to the City leaving the League. Mayor Campbell also said she would like to see staff wait on moving forward with the City Strategic Plan Update to see how the sales tax issue can be addressed and incorporate improving sales tax dollars in the Strategic Plan, working in conjunction with the Yorba Linda Chamber of Commerce. City Manager Pulone said staff has already met with the Chamber to discuss a Shop Yorba Linda program and will continue to vet ideas and present them to Council for consideration.
Moved by
Huang
Seconded by
Haney
It is recommended that the City Council: 1.) Adopt Resolution 2024-5895 approving the fiscal year 2024/25 Mid-Term Budget adjustments as outlined in this report, which include: a.) Revenue Budget adjustments listed in Attachment 1 of which $710,747 are in the General Fund; b.) Expenditure Budget adjustments listed in Attachment 2 of which $1,114,306 are in the General Fund; c.) Budget adjustments for the LMAD as approved in the fiscal year 2024/25 Engineer’s Report; d.) Budget adjustments for the Black Gold Golf Course as outlined in the Kemper Sports budget for fiscal year 2024/25; and e.) Adjustments to the Capital Improvement Program (CIP) (Attachment 3); 2.) Approve the Capital Improvement Program (CIP) Database submittals (Attachment 4) as well as the addition of Fiscal Year 2030/31 to the CIP (Attachment 5) to remain in compliance with the Orange County Transportation Authority’s Measure M2 Guidelines; 3.) Approve the staffing authorizations set forth in the Authorized Positions Listing (Attachment 6) and the revised Salary Schedule (Attachment 7); 4.) Authorize the carryover from the fiscal year 2023/24 budget to the fiscal year 2024/25 budget of 1) unspent CIP project budgets, 2) funds encumbered for outstanding purchase orders, and 3) certain unspent operating budget account balances, and direct staff to return to the City Council with a final list of carryovers for review and final approval. Additionally, Council directed staff to set aside the extra League of California Cities funds and look into proactive efforts for economic development.
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Campbell adjourned the meeting at 7:40 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on June 18, 2024.