Council Meeting - July 16, 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) (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 5:32 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 6:33 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Councilwoman Janice Lim
INVOCATION
Deacon Denis Zaun, St. Martin De Porres Catholic Church
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
INTRODUCTION OF NEW STAFF MEMBER BRIAN BUCKNER, IT ANALYST City Manager Mark Pulone introduced Brian Buckner, the City's new IT Analyst. Mr. Pulone said Brian has over twenty years in the industry and more recently worked at Schools First. On his spare time, Brian enjoys being with his wife and daughter, practicing Brazilian jiu-jitsu, boxing and biking.
INTRODUCTION OF NEW STAFF MEMBER JAYDEN JONES, RECREATION COORDINATOR Next, City Manager Pulone introduced Jayden Jones, Recreation Coordinator for the Parks and Recreation Department. Mr. Pulone said Jayden works at the Yorba Linda Community Center and oversees facility rentals, building operations and special events. Previously, Jayden worked for the City as a Recreation Specialist and has worked for the cities of Aliso Viejo, Irvine and La Habra.
INTRODUCTION OF NEW STAFF MEMBER ROBERT O'BALLES, FACILITIES MAINTENANCE CUSTODIAN Lastly, City Manager Pulone introduced Robert O'Balles, the City's new Facilities Maintenance Custodian assigned to the Yorba Linda Community Center. Mr. Pulone said he previously worked in the private sector where he spent the last fourteen years working as a maintenance supervisor for Orange County Property Management.
Council welcomed Brian, Jayden and Robert to the Yorba Linda team.
PROCLAMATION RECOGNIZING JULY AS PARKS & RECREATION MONTH Mayor Tara Campbell and Council proclaimed July as Parks and Recreation month and shared a brief video highlighting some of the services provided by the Parks and Recreation Department. The proclamation was accepted by Parks and Recreation Commission Chair Jess Battaglia.
RECOGNITION OF DEPUTY OF THE YEAR
Mayor Campbell invited 2023-24 Deputy of the Year Mark Castro to the podium and spoke of his career with the Yorba Linda Police Services. Deputy Castro joined the Orange County Sheriff's Department in January of 1999 and was transferred to Yorba Linda Police Services on February 10, 2023, after being recruited to work the D.U.I Enforcement Unit. She spoke of his extensive array of experience and Council thanked him for being such an asset to the community.
Mayor Campbell and Council presented Deputy Castro with a certificate of recognition along with certificates from the offices of Congresswoman Young Kim, Senators Josh Newman and Kelly Seyarto, Assemblyman Phillip Chen and Supervisor Don Wagner
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN DE ANNE WIGGINTON Chief of Police Services Captain De Anne Wigginton shared a PowerPoint presentation for the months of May and June which included traffic, crime, residential burglary and arrest data. She urged residents that do not have a Neighborhood Watch Program, to allow deputies to visit their neighborhood to provide tips on how to protect their homes from crimes. She spoke about two significant arrests, one in which three suspects were arrested for burglary on May 9th, and another on June 21st where two suspects were arrested for stealing back flow valves.
Captain Wigginton concluded her presentation by updating the community on recent crime prevention events, specifically Neighborhood Watch meetings, Ice Cream with Deputies and Pizza with Patrol and spoke of their Real Time Operations Center (RTOC) and Peregrine resources.
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Kim Brown, With Hope Community Outreach Volunteer, spoke about the With Hope Foundation and said it provides highly successful educational programs on mental health awareness and suicide prevention to over 10,000 students, parents, teachers, staff, and community members. She invited the community to their 15th Annual Golf with Hope Tournament at Black Gold Golf Course on Thursday, September 26, 2024, and their 5K Walk/Run at Richard Nixon Presidential Library and Museum on March 8, 2025.
Pat Nelson, resident, expressed concerns on traffic and fireworks that were ignited throughout the community illegally. She provided an update on the trail concerns she made at the last Council meeting and thanked City staff who have been working on addressing the areas of concern.
Richard de Bruijn, resident, commented about the decline in sales tax and effects of inflation. He said the Bastanchury Road project was successfully completed and spoke about traffic concerns throughout the City.
CONSENT CALENDAR
Mayor Campbell said she will recuse herself from voting on two of the sites on Item No. 8 due to the locations of the properties, those are sites: S3-082, 4791 & 4811 Eureka Avenue, and S3-024, Friends Church Overflow Parking. However, she would be voting on the rest of the sites.
City Attorney Litfin stated that staff requested to pull Item No. 10 from the agenda for necessary revisions and will be brought back to Council at a later date.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council approve the Consent Calendar with Mayor Campbell abstaining on sites S3-082, 4791 & 4811 Eureka Avenue, and S3-024, Friends Church Overflow Parking, and 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 – JULY 16, 2024
1. AP Check Register 7-16-24 - CC-FIN-24-029.pdf
2. Attachment 1 - AP Check Register 7-16-24.pdf
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated July 16, 2024, in the amount of $2,220,710.67.
3. APPROVAL OF THE MINUTES OF THE JUNE 18, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Jun18_2024 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the June 18, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVAL OF THE MINUTES OF THE JULY 9, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Jul09_2024 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the July 9, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting
5. TREASURER’S REPORT – APRIL 2024
1. Treasurers Report - April 2024 - CC-FIN-24-028.pdf
2. Attachment 1 - Treasurers Report - April 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.
6. REVIEW OF CITY’S CONFLICT OF INTEREST CODE
1. Review of City's Conflict of Interest Code - CC-ADM-24-043.pdf It is recommended that the City Council direct staff to review the City’s Conflict of Interest Code, prepare a biennial report by October 1, 2024, and report back to the City Council.
7. DECLARING PUBLIC NUISANCE, INTENT TO PROVIDE ABATEMENT, AND SETTING THE DATE FOR THE PUBLIC HEARING
1. Dec. Public Nuisance Intent to Abate and Setting Public Hearing - CC-CD-24-012.pdf
2. Attachment 1 - Resolution No. 2024-5900.pdf
3. Attachment 1 - Resolution No. 2024-5900 Exhibit A.pdf
4. Green Sheet - Attachment 1 - Resolution No. 2024-5900 Exhibit A.pdf It is recommended that the City Council adopt Resolution No. 2024-5900, declaring its intent to set a public hearing on August 20, 2024, for this year’s Weed Abatement Program.
8. SECOND READING OF ORDINANCES PERTAINING TO GENERAL PLAN AMENDMENTS AND ZONING CODE AMENDMENTS ASSOCIATED WITH THE 2021-2029 HOUSING ELEMENT IMPLEMENTATION
1. Ordinance No. 2024-1108 - Housing Element GPA 2024-01.pdf
2. Ordinance No. 2024-1109 - Housing Element GPA 2024-02.pdf
3. Ordinance No. 2024-1110 - Housing Element ZCA 2024-01.pdf
4. Ordinance No. 2024-1111 - Housing Element ZCA 2024-02.pdf It is recommended that the City Council adopt for second reading the following Ordinances related to the Housing Element Implementation Programs: 1.) Ordinance No. 2024-1108 amending the text of the Land Use Element of the General Plan (GPA 2024-01) and finding that GPA 2024-01 is not subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative; and 2.) Ordinance No. 2024-1109 amending the text of the Land Use Element and amending the Land Use Diagram of the General Plan (GPA 2024-02) and finding that GPA 2024-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative; and 3.) Ordinance No. 2024-1110 amending the Zoning Code (ZCA 2024-01) and finding that ZCA 2024-01 is not subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative; and 4.) Ordinance No. 2024-1111 amending the Zoning Code (ZCA 2024-02) and finding that ZCA 2024-02 is subject to a vote of the electorate of the City of Yorba Linda under the Yorba Linda Right-to-Vote Initiative.
9. ENCROACHMENT ON THE PUBLIC RIGHT-OF-WAY REQUEST – 17812 CABALLO DRIVE
1. Public Right-of-Way Encroachment Request 17812 Caballo Dr - CC-PW-24-030.pdf
2. Exhibit A- Vicinity Map.pdf
3. Exhibit B- Site Plan with Improvments.pdf
4. Exhibit C- Vision Triangle.pdf
5. Exhibit D- E-5 Policy.pdf
6. Exhibit E- DORC.pdf
It is recommended that the City Council: 1.) Authorize the construction of a secondary driveway approach on 17812 Caballo Drive, and 2.) Determine such encroachments will not adversely impact the Public Right-of-Way (ROW), or the general public safety, and 3.) Require the property owner(s) at 17812 Caballo Drive to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.
10. ENCROACHMENT ONTO CITY PROPERTY REQUEST – 4845 MAIN STREET
1. Encroachment onto City Property Request - 4845 Main Street - CC-PW-24-029.pdf
2. Exhibit A - Vicinity Map.pdf
3. Exhibit B - Site Plan with Improvements.pdf
4. Exhibit C - YLWD Grant of Easement.pdf
5. Exhibit D - E-5 Policy.pdf
6. Exhibit E - Declaration of Restrictive Covenant.pdf
It is recommended that the City Council: 1.) Authorize the construction of approximately 43 linear feet of 6 feet high white vinyl fence on 4852 Olinda Street, and 2.) Determine such encroachments will not adversely impact the City’s property, City’s facility, or the general public safety, and 3.) Require the property owner(s) at 4845 Main Street to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.
11. AGREEMENT EXTENSION WITH HF&H CONSULTANTS FOR PROFESSIONAL SERVICES RELATED TO SB 1383 IMPLEMENTATION AND CONTRACT MANAGEMENT
1. Agreement Extension with HFH Consultants - CC-ADM-24-046.pdf
2. Attachment 1 - Agreement with HFH dated August 2, 2022.pdf
3. Attachment 2 - SB1383 Monitoring and Contract Management Services Amend No. 1.pdf
4. Attachment 3 - Exhibit A2 Scope of Services.pdf
It is recommended that the City Council authorize the City Manager to sign Amendment No. 1 to the Agreement for Professional Services related to SB 1383 implementation services, extending the agreement with HF&H Consultants to June 30, 2026, and increasing the total contract sum to $155,500.
12. BUDGET APPROPRIATION FOR PARK IMPROVEMENTS
1. Budget Appropriation for Park Improvements - CC-PR-24-019.pdf It is recommended that the City Council a
ppropriate
$75,000 from account 4021999-491010 (Park In-Lieu Fund) and transfer to Parks Division account 1010460-432650 to facilitate park improvements.
13. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETINGS
1. Planning Comm. Recap 6-26-24.pdf
2. Planning Comm. Recap 7-10-24.pdf
It is recommended that the City Council receive and file these reports.
14. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-042.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 City Manager Mark Pulone responded to comments made by residents during Public Comment. He said fireworks are illegal in the community and the City makes every effort to communicate that to residents. With respect to Mr. de Bruijn's comments about the decline in sales tax, he reminded the community of the importance of shopping locally and stressed that when purchases are made online, it has a tangible impact on the City in terms of sales tax. When items are purchased in person, the City receives 1 cent for every dollar, when items are purchased online, the City receives a small fraction of that 1 cent per dollar. In regard to Basanchury Road and pedestrian safety comments from Mr. de Bruijn, he said staff is glad the project is complete, landscaping is almost finished and said traveling on that road has significantly improved. Regarding pedestrian safety, City Manager Pulone urged Mr. de Bruijn to attend a Traffic Commission meeting to express his concerns.
Councilwoman Lim attended Orange County Fire Authority's Best and Bravest ceremony and said the Yorba Linda Chamber of Commerce held their Economic Forecast. She thanked Parks & Recreation and all the staff who worked on the 4th of July celebration and said it was a great event. Councilwoman Lim stated that the Richard Nixon Presidential Library and Museum held its Title IX Run/Walk 2024, celebrating women and girls by commemorating the achievements of Title IX, the landmark equality legislation signed by President Nixon fifty-two years ago. She concluded by sharing that she went on a ride-a-long with City Manager Mark Pulone and Yorba Linda Police Services and said they will have their next community outreach on August 7th at the Community Center 6:00 p.m. to 8:00 p.m.
Mayor Pro Tem Beth Haney participated in the Title IX Run/Walk 2024, she also attended the Best and Bravest awards and said as a member of the OCFA Board of Directors, she felt immensely proud of all the men and women who were recognized and said the event even honored extraordinary cadets that recently graduated.
Councilwoman Peggy Huang also thanked Parks & Recreation staff for the wonderful 4th of July event. She thanked Captain Wigginton for visiting her community and providing an update on Neighborhood Watch. She reminded residents to sign up for a vacation check while away and thanked Mayor Pro Tem Haney for representing Council at the Title IX Run/Walk 2024.
Councilman Carlos Rodriguez also thanked Parks & Recreation for the 4th of July event and said the proclamation recognizing the department is timely.
Mayor Campbell echoed the comments made by her colleagues regarding the 4th of July and urged the community to attend rather than igniting fireworks in neighborhoods. She congratulated Division Chief Scott Wiedensholer for being recognized at the Best and Bravest ceremony for his response and leadership at the Tustin Hangar fire. Mayor Campbell shared that the Summer Concerts in the Parks Series is back! The first concert was held last Sunday and will continue to take place on Sundays until August 18. The concerts are free and are held at Hurless Barton Park from 5:30 p.m. to 7:00 p.m. She encouraged the community to join Yorba Linda Police Services on Wednesday, August 7, for National Night Out at the Yorba Linda Community Center from 6:00 p.m. to 8:00 p.m. She concluded her comments by sharing that Fairmont Boulevard has new trees. The City’s Public Works Department recently planted 65 new trees, the new trees include drought-tolerant Holly Oaks, New Zealand Christmas trees, and Strawberry trees which should thrive in the local climate and offer year-round blooms. She said this is a small example of the City's continued commitment to keep Yorba Linda exceptional.
ADMINISTRATIVE REPORTS
15. RESOLUTIONS PERTAINING TO CITYWIDE MEASURE B ELECTION AND BALLOT MEASURE ON AMENDMENTS TO GENERAL PLAN AND ZONING REQUIREMENTS FOR CERTAIN SITES IDENTIFIED IN THE 2021-2029 HOUSING ELEMENT
1. City Measure B Election Resos and 2021-29 Housing Elem Measure - CC-ADM-24-044.pdf
2. Attachment 1 - Updated Sites Inventory Table - July 2024.pdf
3. Attachment 2 - Res No. 2024-5901 Ordering Measure for Measure B.pdf
4. Attachment 3 - Res No. 2024-5902 Arguments and Analysis - Meas. B 2024.pdf
5. Attachment 4 - Res No. 2024-5903 Filing of Rebuttal Arguments - Meas. B 2024.pdf Mayor Campbell said she will recuse herself from voting on two of the sites for this item due to the location of the properties, which are sites: S3-082, 4791 & 4811 Eureka Avenue, and S3-024, Friends Church Overflow Parking. However, she will vote on the rest of the sites.
Mayor Campbell recused herself from the meeting at 7:26 p.m. and turned the meeting over to Mayor Pro Tem Haney.
Community Development Director Nate Farnsworth provided a brief PowerPoint presentation on this item and encouraged residents to visit the item's website www.yllocalcontrol.com. His presentation covered public engagement efforts and feedback and what the City's housing future looks like with and without an adopted local control measure.
City Attorney Litfin discussed the requirements of the City's Measure B as it relates to Council action on the item and discussed the resolutions associated with the item.
Motion by
Haney to move forward with including sites S3-082 and S3-024 in the Housing Element and related zoning ordinances as applicable to this item.
Seconded by
Lim.
Motion carried
with Mayor Campbell abstaining.
AYES (3): Haney, Huang, Lim, Rodriguez
ABSTAIN (1): Campbell
Mayor Campbell rejoined the meeting at 7:35 p.m.
David Ramocinski, resident and member of the Housing Element Working Group, clarified that the item doesn't mean the units will be built and said the City is only required to provide zoning for the mandated housing units.
Residents Russ Heine and Jennifer Shepard expressed their support of the item and encouraged the community to vote Yes on the item in the upcoming election.
Moved by
Haney
Seconded by
Lim
It is recommended that the City Council discuss and consider the following actions relative to a citywide measure relating to amendments to the City’s General Plan and Zoning requirements for nineteen separate sites within the City: 1.) Adopt Resolution No. 2024-5901, ordering the submission to the qualified electors of the City of Yorba Linda one ballot measure relating to amendments to the City’s General Plan and Zoning requirements for nineteen separate sites for the General Municipal Election to be held on Tuesday, November 5, 2024; 2.) Adopt Resolution No. 2024-5902, setting priorities for filing written arguments regarding one City measure and directing the City Attorney to prepare an impartial analysis; 3.) Adopt Resolution No. 2024-5903, providing for the filing of rebuttal arguments for one City measure to be placed on the November 5, 2024 General Municipal Election Ballot.
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
16. RESOLUTIONS PERTAINING TO THE INITIATIVE BALLOT MEASURE TO ALLOW HIGH DENSITY RESIDENTIAL HOUSING AND MIXED-USE DEVELOPMENT AT THE BRYANT RANCH SHOPPING CENTER
1. Initiative Ballot Measure Resos Mixed Use Bryant Ranch Shopping Cntr - CC-ADM-24-047.pdf
2. Attachment 1 - Resolution No. 2024-5904.pdf
3. Attachment 2 - Resolution No. 2024-5905.pdf
4. Attachment 3 - Resolution No. 2024-5906.pdf
5. Green Sheet - Attachment 2 - Resolution No. 2024-5905.pdf City Attorney Litfin said this is a completely separate measure from Item No. 15 for consideration on the November 5, 2024 ballot. He said the property owner of the Bryant Ranch Property submitted a request to have the property rezoned and obtained a sufficient number of signatures for their petition. He said under initiative law, when there is a municipal initiative, most cities have two options, the first is to receive the initiative and adopt it into law, or order that it be placed on the ballot. In Yorba Linda, because of Measure B, it has to go on the ballot and the City does not have discretion in the matter, if an item complies with the requirements of State law. He discussed the resolutions associated with the item.
Russ Heine, resident, expressed support of the item moving forward on the ballot but with a caveat that the proposed Mixed-Use 30 (MU-30) by-right zone that would be created be denoted as a zone created specifically for this site so that it is not generally available for use outside of the site.
Jennifer Shepard, resident, said she understands the item has to move forward but believes the item poses a danger to the City as the initiative presents false and misleading information. She urged residents to read the initiative thoroughly to understand the risks this item proposes and encouraged the community to vote yes on the City's Housing Element and No on the Bryant Ranch initiative.
City Attorney Litfin reiterated that the City is required to place the item on the ballot, if not, the City could be sued and would inevitably lose under state law. Mayor Campbell stressed that though the item legally moves forward, it does not mean it has Council support. Council expressed disapproval of the item.
Moved by
Huang
Seconded by
Lim
It is recommended that the City Council approve the following actions relative to an initiative relating to amendments to the City’s General Plan and Zoning requirements for the Bryant Ranch Shopping Center property: 1.) Adopt Resolution No. 2024-5904, ordering the submission to the qualified electors of the City of Yorba Linda a ballot measure relating to amendments to the City’s General Plan and Zoning requirements for the Bryant Ranch Shopping Center to be held on Tuesday, November 5, 2024; 2.) Adopt Resolution No. 2024-5905, setting priorities for filing written arguments regarding the Bryant Ranch Shopping Center ballot measure and directing the City Attorney to prepare an impartial analysis; 3.) Adopt Resolution No. 2024-5906, providing for the filing of rebuttal arguments regarding the Bryant Ranch Shopping Center ballot measure to be placed on the November 5, 2024 General Municipal Election Ballot.
AYES (5)
Rodriguez, Haney, Campbell, Huang, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Campbell adjourned the meeting at 7:56 p.m. in honor of Papri Ghosh Dastider, sister of Planning Commissioner Nathaniel Behura, to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on August 6, 2024.