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

MINUTES

Tuesday, March 01, 2022 at 6:30 P.m. - 7:30 P.m.

Council Chambers

4845 Casa Loma Avenue

Councilmembers Present:

• Campbell,
• Haney,
• Hernandez,
• Huang,
• and Rodriguez

Staff Present:

• Brantley,
• Brown,
• Christian,
• Honeywell,
• Kudron,
• Lai,
• Litfin,
• Lixey,
• Pulone,
• and Walehwa

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CALL TO ORDER

The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:35 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 – EXISTING LITIGATION

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

Name of Case: Yorba Linda Estates, LLC v. City of Yorba Linda

Case Number: 30-2021-01206096-CU-OR-NJC, North Justice Center, County of Orange

City Attorney Todd Litfin stated that Councilwoman Tara Campbell recused herself for one case on Closed Session Item A, Conference with Legal Counsel – Existing Litigation, because she has a potential conflict under Government Code Section 87100.    

City Attorney Litfin stated that Mayor Carlos Rodriguez recused himself for one case on Closed Session Item A, Conference with Legal Counsel – Existing Litigation, because he has a potential conflict under Government Code Section 87100.   

PUBLIC COMMENT ON CLOSED SESSION ITEMS

None.

CONVENE INTO CLOSED SESSION

The City Council convened into Closed Session at 5:36 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

Councilwoman Beth Haney

INVOCATION

Pastor Brian Long, Yorba Linda United Methodist Church

CLOSED SESSION REPORT

City Attorney Litfin said there was no reportable action on the item discussed on the Closed Session agenda.  

City Attorney Litfin stated that Councilwoman Campbell recused herself for one case on Closed Session Item A, Conference with Legal Counsel – Existing Litigation, because she has a potential conflict under Government Code Section 87100.    

City Attorney Litfin said that Mayor Rodriguez recused himself for one case on Closed Session Item A, Conference with Legal Counsel – Existing Litigation, because he has a potential conflict under Government Code Section 87100.   

INTRODUCTIONS & PRESENTATIONS

RECOGNITION OF EAST HILLS YORBA LINDA LITTLE LEAGUE

Mayor Rodriguez invited East Hills Yorba Linda Little League President Jon Tripp and  Boardmembers Jocelyn Tripp and Nathan Chavez to the podium and recognized them for their tremendous volunteer efforts in working with the community’s youth. Council thanked President Jon Tripp and the Board for their inspiring devotion and commitment to making a difference in the lives of so many children.

Pat Buttress from Supervisor Don Wagner’s office was also in attendance to present them with a recognition.

President Tripp and the Board thanked Council and Supervisor Wagner's office for the recognitions.

RECOGNITION OF OUTGOING CHIEF OF POLICE SERVICES

Mayor Rodriguez invited Orange County Sheriff’s Department, Commander Cory Martino, to the podium and recognized his outstanding dedication as Chief of Police Services for Yorba Linda the last two years. Council thanked him for his service to the community and wished him success on his new assignment. 

Certificates from the offices of Assemblyman Philip Chen and Supervisor Wagner were also presented to Commander Martino.  

Commander Martino thanked Council and the community for the experience and support the last few years.

PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA

Richard de Bruijn, resident, spoke of several legislative bills, including recent housing bills that Council took action on. He also spoke about Propositions 13 and 15 and expressed his concerns. He thanked Council for their decisions in protecting the land of gracious living.

Pat Buttress, Supervisor Wagner's office, introduced herself to Council and expressed her excitement to be Supervisor Wagner's representative in Yorba Linda.

Patricia Wong, resident and member of St. Martin de Porres, spoke about the church's green waste and the need to keep this out of landfills. She said she has met with Republic Services and urged the City to keep this issue in mind.

CONSENT CALENDAR

Mayor Rodriguez stated that Mayor Pro Tem Gene Hernandez will abstain from Consent Calendar Item No. 2, out of an abundance of caution due to his involvement with Orange County Transportation Authority (OCTA) and the numerous contractors that may do work in the City. 

• Moved by Campbell
  Seconded by Hernandez

  It is recommended that the City Council approve the Consent Calendar.

  AYES (5)

  Rodriguez, Hernandez, Haney, Campbell, and Huang

  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 – MARCH 1, 2022

• It is recommended that the City Council receive and file the accounts payable check register dated March 1, 2022, in the amount of $2,494,300.81.

3.   APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY ADJOURNED REGULAR MEETING

• It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the February 9, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency adjourned regular meeting.

4.   APPROVAL OF THE MINUTES OF THE FEBRUARY 15, 2022 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 February 15, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

5.   ADOPTION OF RESOLUTION NO. 2022-5790 INITIATING PROCEEDINGS RELATIVE TO LEVYING ANNUAL STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) ASSESSMENTS FOR FISCAL YEAR 2022/2023

• It is recommended that the City Council adopt proposed Resolution No. 2022-5790, initiating proceedings to levy annual assessments for Fiscal Year 2022/2023 for the Street Lighting and Landscape Maintenance Assessment District (LMAD), and ordering the Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code).

6.   RESOLUTION NO. 2022-5789 CERTIFYING THAT THE CITY COUNCIL HAS AUTHORIZED THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY

• It is recommended that the City Council: 1.) adopt Resolution No. 2022-5789, certifying that the City Council has authorized the project list submittal for Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the Orange County Transportation Authority 2021 Pavement Management Relief Funding Program; and 2.) authorize the creation of a corresponding Capital Improvement Program Project for the La Palma Avenue Improvement Project from West City Limit to 1,350 Feet West of Old Village Road (SI231002) for Fiscal year 2022-2023.

7.   RESOLUTION NO. 2022-5788 AUTHORIZING THE REQUEST FOR DELAY OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP) FUNDS FOR THE LAKEVIEW AVENUE WIDENING FROM BASTANCHURY ROAD TO ORIENTE DRIVE PROJECT

• It is recommended that the City Council adopt Resolution No. 2022-5788, authorizing the request for delay of Measure M2 Comprehensive Transportation Funding Program (CTFP) funds for the Lakeview Avenue Widening from Bastanchury Road to Oriente Drive Project (SI201003).

8.   APPROVE AMENDMENT NO. 1 AND DESIGN CONTINGENCIES TO THE PROFESSIONAL SERVICES AGREEMENT WITH CANNON CORPORATION FOR LAKEVIEW AVENUE WIDENING PROJECT FROM BASTANCHURY ROAD TO LEMON DRIVE

• It is recommended that the City Council: 1.) approve Amendment No. 1 to the professional services agreement with Cannon Corporation (Cannon) in the amount of $30,950, increasing the agreement amount from $123,290 to $154,240, for the Lakeview Avenue Widening Project from Bastanchury Road to Lemon Drive (Phases I and II); and 2.) authorize design contingency expenditures in an amount not to exceed $18,493.50, equal to fifteen percent (15%) of the original agreement amount.

9.   APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR ADDITIONAL ENGINEERING DESIGN SERVICES ON BASTANCHURY ROAD WIDENING BETWEEN CASA LOMA AND EUREKA AVENUE

• It is recommended that the City Council approve an amendment to the Professional Services Agreement with Michael Baker International, in an amount of $25,523, for additional engineering design services on the Bastanchury Road Widening Project (SI221005) between Casa Loma Avenue and Eureka Avenue.

10.   REAUTHORIZATION OF TELECONFERENCED MEETINGS PURSUANT TO AB 361

• It is recommended that the City Council adopt Resolution No. 2022-5791 reauthorizing teleconferenced meetings pursuant to the requirements of AB 361.

11.   COUNCIL COMMITTEE AND AGENCY REPORTS

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

PUBLIC HEARING

12.   GENERAL PLAN AMENDMENT 2021-01 TO UPDATE AND AMEND THE CIRCULATION ELEMENT AND TO APPROVE AN ADDENDUM TO THE 2016 CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN

a. Open Public Hearing - Mayor Rodriguez opened the public hearing.

b. Staff Report  

Public Works Director / City Engineer Jamie Lai shared a PowerPoint presentation on this item which highlighted the proposed amendment to the 2016 Circulation Element and modifications to the Circulation Element Map. She showed an aerial view of the Yorba Linda Boulevard and Savi Ranch Parkway Reclassification and concluded with staff recommendations. 

c. Take Testimony 

City Clerk Brown said no public comments were received for this item.

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

e. Make Determination

• Moved by Haney
  Seconded by Campbell

  It is recommended that the City Council adopt Resolution No. 2022-5786 approving the Addendum to the 2016 Certified Environmental Impact Report (EIR) for the General Plan and approve an amendment to the Circulation Element to modify the Circulation Element Map to reclassify a portion of Savi Ranch Parkway from Yorba Linda Boulevard to Old Canal Road, from a Collector (2 lane) to a Modified Primary (4 Lane, divided) and to depict the classification for a portion of Yorba Linda Boulevard between State Route 91 westbound off-ramp to the City boundary as an asymmetric Major (seven-lane, divided) Arterial, and a portion of Yorba Linda Boulevard/Weir Canyon Road between the State Route 91 westbound off-ramp and the State Route 91 eastbound on-ramp as a Major (six-lane, divided) Arterial. The proposed amendment is intended to conform the City’s Circulation Element to the Orange County Master Plan of Arterial Highways (MPAH) administered by the Orange County Transportation Authority (OCTA).

  AYES (5)

  Rodriguez, Hernandez, Haney, Campbell, and Huang

  CARRIED (5 to 0)

CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS

City Manager Mark Pulone responded to Ms. Wong's comments regarding certain types of waste going to the landfill. He said the City has actively been working with Republic Services on a diversion plan and said a program to do so will be unveiled in the coming months. An amendment to the franchise agreement with Republic Services will also be presented to Council.

Councilwoman Campbell spoke of the biannual Point In Time Count to better address homelessness that took place last week. She said it is all volunteer-driven and encouraged the community to participate in the future. She said the results of the count will be shared soon. Councilwoman Campbell said she is doing the Young Civic Leaders Academy again and encouraged eligible youth to apply to learn about City government. She encouraged the community to attend the Community Safety and Crime Prevention Presentation by Yorba Linda Police Services on Thursday, March 10th at the Community Center, as well as the Yorba Linda Woman's Club Spring Craft Fair on March 12th and 13th. She concluded by saying that today is the start of Women's History Month.

Mayor Pro Tem Hernandez said he attended the League of California Cities Director's Workshop in Walnut Creek last week where they learned about pending legislation. He shared that his niece was on the Wheel of Fortune last night and was the grand winner.

Mayor Rodriguez shared that Council recently presented the winner of the Yorba Linda City flag design contest, Michelle Pohl with one of the first produced flags with her design. Michelle’s flag design was adopted by Council on May 18, 2021. Mayor Rodriguez invited everyone to the Community Safety and Crime Prevention Presentation on March 10, hosted by our Yorba Linda Police Services deputies. He said they’ll be presenting information about steps you can take to prevent residential and vehicle burglaries, as well as discussing recent crime trends and what residents can do to keep safe. The presentation will be held at the Community Center on March 10 at 6:00 p.m., and more information can be found on the City's website www.yorbalindaca.gov. Mayor Rodriguez also spoke about the Athletic Hall of Fame and said the deadline to nominate an athlete or team for Yorba Linda’s Athletic Achievement Wall of Fame is this Friday, March 4. The nomination criteria are listed on the City website, and nomination forms can also be filled out online or at the Thomas Lasorda Jr. Field House. He concluded his comments by announcing that the Parks and Recreation Spring issue is out and residents can register for spring classes and events. Registration is open to Yorba Linda residents and opens to non-residents tomorrow at 10:00 a.m. 

ADMINISTRATIVE REPORTS

13.   OPERATIONAL AGREEMENT WITH THE NORTH ORANGE COUNTY PUBLIC SAFETY COLLABORATIVE

Assistant City Manager Dave Christian said this is a new Operational Agreement with the North Orange County Public Safety Collaborative as well as an amendment to the current Memorandum of Understanding with Drug Use Is Life Abuse (DUILA). In 2017, the City was invited to participate in the North Orange County Public Safety Task Force with the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia and Stanton. At that time the Task Force had been awarded funds from the Board of State and Community Corrections (BSCC) for the purpose of addressing youth violence prevention and intervention, offender re-entry programs, or homeless outreach and intervention over a period of four years. In order to receive grant funding, DUILA was selected to serve as the City's Community Benefit Organization (CBO) to receive the grant funding and provide additional law enforcement services addressing youth violence prevention and intervention. He said the City was able to add a Deputy Sheriff position which was mostly funded through this grant and new grant funding will continue to fund this position. New grant funds have been awarded for the period of January 1, 2022 through June 30, 2023 and recommended approval so the City can be eligible for the grant funds. 

• Moved by Campbell
  Seconded by Haney

  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; and 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 First Amendment to Memorandum of Understanding.

  AYES (5)

  Rodriguez, Hernandez, Haney, Campbell, and Huang

  CARRIED (5 to 0)

14.   FISCAL YEAR 2020/21 GENERAL FUND YEAR END RESULTS

Finance Director Dianna Honeywell provided a PowerPoint presentation with an overview of the fiscal year 2020/21 General Fund year-end results. She presented a background on the two-year budget and said the total operating revenue was consistent with the budget. She spoke of general fund revenues, expenditures and provided a summary of the financial results. Ms. Honeywell concluded her presentation by discussing excess general fund operating reserves, the City's investment portfolio performance, and staff recommendations.

Richard de Bruijn, resident, asked if the City budgeted for the widening of Bastanchury and the relocation of power poles. He said  CalPERS is moving more towards the high-risk equity investments and inquired if the City can do anything about that.

City Manager Pulone said the Bastanchury project is funded and in final design. Southern California Edison will be moving the power poles in the next few months.

Director Honeywell said as far as the investments that are allowed, the City is very restricted by the California Code.

• Moved by Haney
  Seconded by Huang

  It is recommended that the City Council: 1.) authorize the appropriation of $1,967,729 of available excess General Fund Operating Reserves for the following purposes: a. $238,229 to be paid to CalPERS to continue implementation of the Council’s direction to accelerate the amortization of the City’s unfunded pension liability from 30 years to 20 years or less; b. $229,500 to be deposited into the City’s Other Post-Employment Benefits (OPEB) Trust to pre-fund a portion of the City’s unfunded retiree medical liability; c. allocate $1.5 million towards Zone 6 Annual Pavement Project. 2.) authorize the appropriation of $82,540 from Library Fund Operating Reserves to fund the Library’s share of the CalPERS ($42,040) and OPEB Trust ($40,500) payments, 3.) receive and file the attached list of line-item budget transfers and supplemental budget appropriations for the entirety of fiscal year 2020/21, as required by City Council Policy F-4 – Supplemental Budget and Line-Item Transfers; and 4.) receive and file the attached year-end summary of the performance of the City’s managed investment portfolio.

  AYES (5)

  Rodriguez, Hernandez, Haney, Campbell, and Huang

  CARRIED (5 to 0)

OTHER BUSINESS

15.   RESOLUTION IN SUPPORT OF ENFORCING ILLEGAL DRUG USE INCLUDING FENTANYL (RODRIGUEZ)

City Attorney Litfin stated that this item originated from the office of Supervisor Wagner, where Councilwoman Campbell works, however, because she has no financial gain, she can participate in this item.

Mayor Rodriguez spoke about the resolution in support of enforcing illegal drug use including fentanyl that was adopted by the Orange County Board of Supervisors. He said his recommendation is that the City also support the resolution.  

• Moved by Rodriguez
  Seconded by Haney

  It is recommended that the City Council approve a resolution in support of enforcing illegal drug use including fentanyl.

  AYES (5)

  Rodriguez, Hernandez, Haney, Campbell, and Huang

  CARRIED (5 to 0)

CLOSED SESSION IF REQUIRED

ADJOURNMENT

Mayor Rodriguez wished his wife a happy 14th wedding anniversary and adjourned the meeting at 7:44 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on March 15, 2022.