CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY, YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL FINANCING AUTHORITY JOINT MEETING

MINUTES

Tuesday, June 18, 2024 at 6:30 P.m. - 7:30 P.m.

Council Chambers

4845 Casa Loma Avenue

Councilmembers Present:

• Campbell, 
• Haney, 
• Huang, 
• and Lim 

Councilmembers Absent:

• Rodriguez 

Staff Present:

• Brown, 
• Christian, 
• Farnsworth, 
• Kudron, 
• Lai, 
• Litfin, 
• Lixey, 
• Pulone, 
• and Wigginton 

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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 LEGAL COUNSEL – EXISTING LITIGATION

Government Code Section 54956.9(d)(1) (1 case)

Name of Case: Sophia Fitkowski vs. City of Yorba Linda
Case Number: CIV SB 232907, Superior Court, County of San Bernardino 

C.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Government Code Section 54956.9(d)(1) (1 case)

Name of Case: Southern California Edison Company vs. City of Yorba Linda
Case Number: 30-2024-01404534-CU-PO-WJC, 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

E.   PUBLIC EMPLOYEE PERFORMANCE EVALUATION – TITLE: CITY MANAGER

Government Code Section 54957

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 6:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.

ROLL CALL

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Beth Haney

INVOCATION

Dr. Azeem Syed, Islamic Center of Yorba Linda

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

Pat Nelson, resident, said she would like to know what the regulations are in the City regarding fireworks. She also inquired as to the point-In time projection, if and when, the City will not be able to cover the cost of police services, and expressed concerns about speeding in areas including Valley View Circle, Valley View Avenue and Kellogg Drive, accidents and maintenance of trails.

Trudi DesRoches, Yorba Linda Water District President, provided an update on projects within the District's service area. She said one project, under construction in the City of Placentia, will improve fire flow in their system. She also said they continue to work on two older wells to get more water flow from them. Ms. DesRoches also said their new rate schedule should have been received by residents with their newest water bill. She encouraged residents to visit www.ylwd.com for rate information.

Beth Gartner, resident, expressed concerns with the use of motorbikes on sidewalks along with pedestrians and accidents that could, and have happened. 

CONSENT CALENDAR

• Moved by Haney
  Seconded by Huang

  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 – JUNE 18, 2024

• It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated June 18, 2024, in the amount of $2,084,960.76.

3.   APPROVAL OF THE MINUTES OF THE JUNE 4, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING

• It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the June 4, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

4.   AWARD OF CONTRACT FOR FY 2023-24 ANNUAL PAVEMENT PRESERVATION PROJECT TO IE GENERAL ENGINEERING, INC. AND APPROVE AGREEMENTS WITH FOUNTAINHEAD AND NINYO & MOORE 

• It is recommended that the City Council: 1.) Approve the plans and specifications for the Fiscal Year 2023-24 Annual Pavement Preservation Project (APPP) (Zones 5, 6 and 7) (SI241004), and the La Palma Avenue Improvement Project - West City Limit to 1,350 W/O Old Village Rd. (SI231002); and 2.) Find that the Projects are categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and 3.) Award the Public Works Construction Contract to IE General Engineering, Inc. for the Fiscal Year 2023-24 APPP (Zones 5, 6 and 7), and La Palma Avenue Improvement Project - West City Limit to 1,350 W/O Old Village Rd. Projects in the amount of $2,906,992.00 and reject all other bids; and 4.) Approve a Professional Services Contract with Fountainhead Consulting Corporation (Fountainhead) in the amount of $169,635.00 to provide Construction Management and Inspection Services; and 5.) Approve a Professional Services Contract with Ninyo & Moore Geotechnical and Environmental Sciences Consultants (Ninyo & Moore) in the amount of $37,655.00 to provide Geotechnical and Materials Testing Services; and 6.) It is also recommended that the City Council authorize expenditures of up to $321,792.70 (10% of the value of the Construction Contract and 15% of the value of the other agreements) in total contract contingencies for potential additional services and unanticipated work that may arise during the course of work; and 7.) Authorize the City Manager, on behalf of Council, to execute the proposed contract and agreements and change order approval authority to execute future contract modifications and increases in amounts not to exceed the contingency threshold amounts above for each respective agreement.

5.   REJECTION OF ALL BIDS FOR CONSTRUCTION OF THE LAKEVIEW AVENUE WIDENING FROM ORIENTE DRIVE TO BASTANCHURY ROAD PROJECT

• It is recommended that the City Council reject all bids received for construction of the Lakeview Avenue Widening Project (SI231003) from Oriente Drive to Bastanchury Road within the City of Yorba Linda.

6.   AWARD OF CONTRACT FOR JANITORIAL SUPPLIES FOR CITY FACILITIES

• It is recommended that the City Council award a three-year contract for Janitorial Supplies to American Chemical & Sanitary Supply Company, Inc., of Anaheim, CA, in a not-to-exceed amount of $300,000.00 and reject all other bids; and authorize the Mayor to sign and City Clerk to attest said agreement.

7.   CONTRACT AMENDMENT FOR JANITORIAL SERVICES AT CITY FACILITIES

• It is recommended that the City Council approve a contract amendment, in the amount of Three Hundred Eighty One Thousand Two Hundred Seventy One Dollars and Thirty Two Cents ($381,271.32), for Janitorial Services at City facilities to Merchants Building Maintenance, LLC., of Santa Ana, CA, extending the period of service for one additional year from July 1, 2024, to June 30, 2025, and authorize the Mayor to sign said amendment.

8.   AWARD OF CONTRACT FOR THE PARKING LOT REHABILITATION PROJECT

• It is recommended that the City Council: 1.) Approve plans and specifications for the Parking Lot Rehabilitation Project; and 2.) Award the contract for construction of the Parking Lot Rehabilitation Project to Pavewest, Inc., of Artesia, CA in the amount of $620,034 and reject all other bids; and 3.) Upon receipt of appropriate documents, authorize the City Manager to execute the contract. 

9.   DESIGNATION OF NEW CITY TREASURER

• It is recommended that the City Council approve Resolution No. 2024-5899 designating David Christian as the City Treasurer and rescind Resolution No. 2021-5744.

10.   REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING

• It is recommended that the City Council receive and file this report.

11.   COUNCIL COMMITTEE AND AGENCY REPORTS

• It is recommended that the City Council receive and file this report.

PUBLIC HEARING

12.   REVISED 2021-2029 HOUSING ELEMENT AND VARIOUS GENERAL PLAN AND ZONING CODE AMENDMENTS RELATED TO THE HOUSING ELEMENT IMPLEMENTATION PROGRAMS

City Attorney Litfin stated that Mayor Tara Campbell has a potential conflict of interest on sites S3-082 (4791 & 4811 Eureka Avenue) and S3-024 (Friends Church Overflow Parking), due to the proximity of the sites to her residence. Therefore, she will recuse herself after the opening of the matter. Thus, the first Council action will be for the approval of these two sites and then Mayor Campbell can rejoin the meeting to participate in the remainder.

Mayor Campbell recused herself from the meeting at 6:45 p.m. and turned the meeting over to Mayor Pro Tem Haney.

a. Open Public Hearing - Mayor Pro Tem Haney opened the public hearing.

b. Staff Report  

Community Development Director Nate Farnsworth shared a PowerPoint presentation on this item which explained the Housing Element, highlighted public engagement efforts, provided a summary of changes, phases of public engagement and feedback, and he discussed what an adopted local measure and a rejected local measure means for the City. He said if the local measure is rejected, it is then subject to Builder's Remedy, the State can then become the local planning and zoning authority and will impose fines of $600,000 a month along with potential loss of grant funding.

City Attorney Litfin stated for the record that action on the item would include the redline revisions to the resolution and ordinances to include the addendum to the previously certified Environmental Impact Report (EIR). 

c. Take Testimony 

City Attorney Litfin stated that public comment would first be taken for the two sites that Mayor Campbell recused from.

Residents Audrey Von Zabern, Marcela, and Beth Gartner expressed concerns with the two sites.

A lengthy conversation ensued among Council regarding Builder's Remedy and the potential fines imposed on cities for not having an approved housing element.

Motion by Huang 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 Haney. Motion carried with Mayor Campbell abstaining.

AYES (3): Haney, Huang, Lim

ABSTAIN (1): Campbell

ABSENT (1): Rodriguez

Mayor Campbell rejoined the meeting at 7:19 p.m.

The following residents expressed support of the housing element: Pamela Mikus, Pat Nelson, Dianne Kanne, John Hansen, Nancy Sallee, Beth Gartner, and Janice Morger.

The following residents expressed concerns regarding the housing element: A male resident, Amy Rosas, Chris Talerico, Audrey Von Zabern and Greg Tergin. 

d. Close Public Hearing - Mayor Campbell closed the public hearing.

e. Make Determination

A lengthy conversation ensued among Council regarding staff efforts on Housing Element, Measure B, the support of the community and the Housing Element Working Group, the need to encourage the community to support the measure during the November election and the hard work that has gone into this over the course of the last several years.

• Moved by Haney
  Seconded by Huang

  It is recommended that the City Council adopt Resolution No. 2024-5898 approving the General Plan Amendment 2023-01 to revise the 2021-2029 Housing Element as approved by the State Department of Housing and Community Development.

  It is also recommended that the City Council conduct the first reading and introduce the following Ordinances related to the Housing Element Implementation Programs: 1.) Ordinance No. 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. 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. 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. 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. 

  CEQA: Pursuant to 14 California Code of Regulations, § 15164, Addendum to the Program Environmental Impact Report for the City of Yorba Linda 2021-2029 Housing Element Implementation Programs (State Clearinghouse # 2022040574).

  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 responded to comments made by Ms. Nelson and said he and Public Works Director Jamie Lai would be happy to meet with her to discuss the areas of concern on the trails and said patrolling will be enhanced in the areas she mentioned as well. He reminded the community that fireworks are not allowed in the City and urged residents to call the Sheriff or Fire Authority to address any issues and violations. City Manager Pulone also responded to Ms. Gartner and said electric bikes are a big issue and he has met with the police and Orange County Transportation Authority (OCTA) to discuss what can be done to address the issue countywide. 

Councilwoman Janice Lim attended OCTA 30-year vision with Public Works Director/City Engineer Jamie Lai. She shared that OCTA has a program that allows high school students to ride the bus for free and concluded her comments by saying that the City is receiving funding for the Senior Mobility Program. 

Mayor Pro Tem Haney said she attended the Truck 32 Push-In Ceremony with Mayor Campbell and Councilwoman Lim. She said that she serves on the Transportation Corridor Agencies (TCA) Board and at the 35th Annual Transportation Foundation Awards in Sacramento, the TCA received the Operational Program Efficiency of the Year Award for their Back Office Service System Upgrade and also received the Sustainable Transportation & Environmental Program Award for their Cattle Grazing Pilot Program at Live Oak Plaza. Mayor Pro Tem Haney concluded by wishing everyone a happy 4th of July.

Councilwoman Peggy Huang inquired if there are any resources that staff can promote on e-bike safety to help build awareness. City Manager Pulone shared that he recently met with OCTA and they're encouraging cities to work with bicycle shops that sell e-bikes to educate the community and he said several school districts are also providing educational information. Councilwoman Huang serves on the Orange County Mosquito and Vector Control Board and reminded the community that mosquito season has begun. She urged residents to eliminate sitting water around homes. She said Vector Control can visit homes to inspect pools and help mitigate any mosquito problem.

Mayor Campbell announced the upcoming Pizza with Patrol on Wednesday, June 19, from 5:00 to 8:00 p.m. at Wise Guys Pizzeria. She also shared that throughout the next few weeks, Southern California Edison (SCE) will use drones and helicopters to conduct aerial inspections in Yorba Linda as part of its wildfire prevention program. These inspections ensure electrical equipment on poles and towers are safe and clear to reduce wildfire risks. Each inspection will take about 30 to 60 minutes per pole or tower. She encouraged residents with questions to call SCE or visit the City website. Mayor Campbell concluded her comments by inviting the community to attend the annual 4th of July Fireworks Spectacular on Thursday, July 4 at Veterans Park, and Yorba Linda Middle School. The event begins at 5:00 p.m. with a spectacular firework show scheduled for 9:00 p.m. Street closures will be in place in areas immediately surrounding the site as early as 5:30 p.m. until 10 p.m. and more information can be found on the City's website.

ADJOURNMENT

Mayor Campbell adjourned the meeting at 8:23 p.m. in honor of two young Yorba Linda residents, Zachary Blake Henn who passed away in a car crash earlier in the month and Marine Corporal Claudio Patino, IV who in 2010 made the ultimate sacrifice while supporting combat operations in Helmand province, Afghanistan, to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on July 2, 2024.