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

MINUTES

Tuesday, May 03, 2022 at 6:30 P.m. - 7:30 P.m.

Council Chambers

4845 Casa Loma Avenue

Councilmembers Present:

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

Councilmembers Absent:

• Huang

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 5:33 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 REAL PROPERTY NEGOTIATOR

Government Code Section 54956.8

Property: APN: 323-304-19 
City Negotiators: City Manager Pulone
Property Negotiators: Parties To Be Determined
Under Negotiation: Price and Terms of Payment

PUBLIC COMMENT ON CLOSED SESSION ITEMS

None.

CONVENE INTO CLOSED SESSION

The City Council convened into Closed Session at 5:34 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 Gene Hernandez

INVOCATION

Pastor Joshua Holiday, Calvary Chapel of Yorba Linda

CLOSED SESSION REPORT

City Attorney Todd Litfin said there was no reportable action.

INTRODUCTIONS & PRESENTATIONS

LIFESTREAM PRESENTATION BY MICHAEL MCDANIEL, DONOR RECRUITMENT DIRECTOR

Mayor Carlos Rodriguez invited Lifestream Donor Recruitment Director Michael McDaniel to the podium to provide a presentation. Mr. McDaniel shared a PowerPoint presentation about Lifestream Blood Bank, a local nonprofit blood bank that provides services to more than 80 Southern California hospitals and medical facilities. He said they require almost 500 donations a day to meet hospital demand, however, there is an ongoing critical blood shortage. He spoke of the importance of O +/- blood and the need for blood donations to save lives. In 2021, Yorba Linda donated 87 pints of blood in 5 drives, Mr. McDaniel challenged Yorba Linda to donate 400 pints in 2022.

Council thanked Mr. McDaniel for the presentation.

DROWNING PREVENTION AWARENESS PROCLAMATION RECEIVED BY OCFA DIVISION IV CHIEF BARYIC HUNTER

Orange County Fire Authority Community Educator Milton Neira was invited to the podium and presented with a proclamation declaring the City's participation in the "Always Watch the Water" and "Never Swim Alone" 2022 campaigns during the months of May through August and urged the community to increase their knowledge on drowning prevention. 

Mr. Neira discussed the importance of water safety and thanked Council for their continued support. 

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

Kenneth Tam, Library Commission Chair, invited the community to the Yorba Linda Library Star Wars Day on Saturday, May 14th from 10:30 a.m. to 1:00 p.m. He said attendees will enjoy crafts, games and pictures with their favorite Star Wars characters. He concluded his comments by discussing some of the Friends of the Library contributions and other upcoming services and programs. 

Marlene Nelson, resident, spoke about the Protect Our Homes and Hills et al v. County of Orange et al. and the Yorba Linda Estates, LLC v. City of Yorba Linda cases and urged Council to appeal the Yorba Linda Estates, LLC v. City of Yorba Linda court decision.

Diane Kanne, resident, also requested that the City appeal the Yorba Linda Estates, LLC v. City of Yorba Linda court decision. She expressed concerns regarding Consent Calendar Item No. 5 pertaining to the cancellation of LMAD special assessment fees for APN 351-581-89 and Public Hearing Item No. 11 regarding the continued hearing for Hidden Glen Lane street vacation. Mrs. Kanne concluded by discussing the City's letter to the City of Brea on their Draft EIR for the Brea 265 development and concerns about it being located in a high fire zone. She said such concerns should also pertain to the Esperanza Hills development.

Peter Meng, resident, said he enjoyed seeing Mayor Rodriguez and his family volunteering at Love Yorba Linda. He spoke about the importance of fire mitigation and defensible space.

CONSENT CALENDAR

Mayor Rodriguez stated that Mayor Pro Tem 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 (4)	Rodriguez, Hernandez, Haney, and Campbell
  ABSENT (1)	Huang

  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 3, 2022

• It is recommended that the City Council receive and file the accounts payable check register dated May 3, 2022, in the amount of $1,892,593.76.

3.   APPROVAL OF THE MINUTES OF THE APRIL 19, 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 April 19, 2022 City Council / Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

4.   TREASURER’S REPORT – JANUARY 2022

• 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.   CANCELLATION OF STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) SPECIAL ASSESSMENT FEES FROM ASSESSMENT YEAR’S 2016 TO 2020 FOR APN 351-581-89

• It is recommended that the City Council cancel the Street Lighting and Landscape Maintenance Assessment District (LMAD) special assessment fees from assessment years 2016 to 2020 for APN 351-581-89, and direct staff to provide written authorization to the Office of the Treasurer-Tax Collector to remove the specified charges.

6.   CONTINUE CURRENT IMPLEMENTATION OF CITY COUNCIL POLICY C-3, USE OF GOVERNMENT ACCESS CHANNEL

• It is recommended that the City Council continue to implement current City Council Policy C-3, Use of Government Access Channel, which includes a fiscal year implementation policy and directs staff to bring back an annual report for the City Council’s review.

7.   AWARD OF CONTRACT FOR AUDIT SERVICES

• It is recommended that the City Council: 1.) Authorize the City Manager to execute a three-year contract, with two optional one-year extensions with Rogers, Anderson, Malody and Scott LLC (“RAMS”) in a not to exceed amount of $312,500: and 2.) Authorize additional time and materials expenditures for the Special Audit Program at the set hourly rates outlined in the proposed contract with RAMS, not to exceed $10,000 per year in each of the five years of the contract.

8.   DENIAL OF CLAIM FOR DAMAGES

• It is recommended that the City Council of the City of Yorba Linda deny the claim for damages by Steve Reese.

9.   REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING

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

10.   COUNCIL COMMITTEE AND AGENCY REPORTS

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

PUBLIC HEARING

11.   CONTINUE PUBLIC HEARING FOR HIDDEN GLEN LANE STREET VACATION (SOUTH OF HIDDEN HILLS ROAD)

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

b. Staff Report  

City Manager Mark Pulone said this public hearing was scheduled and noticed accordingly, however per the applicant’s request, staff recommends that the public hearing be continued to a date uncertain. 

c. Take Testimony 

David Ramocinski, resident, said his property is located directly across from the site and shared his concerns with the proposed vacation. He said he has expressed his disapproval of the project to the applicant.

Leyda Bequer resident, expressed her opposition for the project.   

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

e. Make Determination

• Moved by Hernandez
  Seconded by Campbell

  It is recommended that the City Council continue the public hearing to a future Council meeting for a Resolution approving the street vacation of Hidden Glen Lane, south of Hidden Hills Road.

  AYES (4)	Rodriguez, Hernandez, Haney, and Campbell
  ABSENT (1)	Huang

  CARRIED (4 to 0)

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

City Manager Pulone responded to Mrs. Kanne's comment regarding the Draft EIR for Brea 265. He said the project is adjacent to the border of Yorba Linda to the northwest, off of Rose Drive, and stated that the City also wrote letters to the County encouraging multiple points of access for the Esperanza Hills development.

Councilwoman Tara Campbell thanked the community for participating in Love Yorba Linda on April 30th. She said there were over 1,000 volunteers that completed 50 service projects across the City. She thanked everyone involved for their efforts. Councilwoman Campbell attended the ribbon cutting for the new My Gym location and congratulated Mayor Pro Tem Hernandez, who was sworn into the Association of California Cities – Orange County (ACC-OC) Board of Directors.  She concluded by wishing everyone a wonderful Mother's Day.

Councilwoman Beth Haney spoke of her experience volunteering at Love Yorba Linda at the Philip S. Paxton Equestrian Center site and said it was very rewarding. 

Mayor Pro Tem Hernandez commented on Public Hearing Item No. 11 regarding the Hidden Glen street vacation and requested that staff check traffic counts.

Mayor Rodriguez wished everyone a happy Mother's Day and congratulated Mayor Pro Tem Hernandez for his appointment and My Gym for their ribbon cutting. He attended the annual Friends of the Library Volunteer Luncheon on April 23rd and commended the volunteers for all their efforts. He also expressed his appreciation to all volunteers and project leaders involved in Love Yorba Linda and said it was a memorable and successful day. Mayor Rodriguez announced that May is National Wildfire Awareness Month and said OCFA is offering free Wildfire Home Assessments and urged interested residents to call 714-573-6774 to schedule a wildfire home assessment. Other tips are available at ocfa.org. He reminded the community that Star Wars Day will be held on Saturday, May 14 from 10:30 a.m. to 1:00 p.m at the Library.  Mayor Rodriguez concluded his comments by inviting the community to the Veterans Memorial Association’s annual Memorial Day event on Monday, May 30th at 2:00 p.m.

ADMINISTRATIVE REPORT

12.   FIFTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE ORANGE COUNTY SHERIFF’S DEPARTMENT

City Attorney Litfin stated for the record that although Councilwoman Campbell works for the County of Orange, she can participate in this item as it does not pertain to her department. 

Assistant City Manager Dave Christian provided a brief staff report on this item.  He said the City has a five-year agreement with the Orange County Sheriff's Department (OCSD) for the provision of law enforcement services through June 30, 2023. If approved by Council, this fifth amendment will be effective after approval by the Board of Supervisors and does not involve changes to the existing level of service or staffing. The main component of the increase for this year is the implementation of body-worn cameras.

• Moved by Campbell
  Seconded by Haney

  It is recommended that the City Council: 1.) Approve the Fifth Amendment to the Agreement for Law Enforcement Services with the Orange County Sheriff’s Department, establishing the levels of service and costs for FY 22-23; and 2.) Direct staff to begin discussions with the Orange County Sheriff’s Department to enter into a new five year agreement for law enforcement services and to bring the item back to Council at a subsequent Council meeting.

  AYES (4)	Rodriguez, Hernandez, Haney, and Campbell
  ABSENT (1)	Huang

  CARRIED (4 to 0)

ADJOURNMENT

Mayor Rodriguez adjourned the meeting at 7:38 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on May 17, 2022.