CITY OF YORBA LINDA. Land of Gracious Living

Transcription

1 CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES MARCH 7, 2017 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:36 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Litfin, Pulone

2 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 (d)(2) (5 Cases) City Attorney Litfin stated that Councilmember Tom Lindsey recused himself for two cases on Closed Session Item A, Conference with Legal Counsel Anticipated Litigation, Significant Exposure to Litigation, because he has a potential conflict under Government Code Section City Attorney Litfin stated that Councilwoman Tara Campbell recused herself for two cases on Closed Session Item A, Conference with Legal Counsel Anticipated Litigation, Significant Exposure to Litigation, because she has a potential conflict under Government Code Section B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Case Number: City of Yorba Linda v. Harry Schlitz, et al CU-EI-CXC, Superior Court, County of Orange C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Case Number: City of Yorba Linda v. Nicola Saba, et al CU-EI-CXC, Superior Court, County of Orange D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Case Number: Beyl v. City of Yorba Linda et al CU-WM-CJC, Superior Court, County of Orange PAGE 2

3 E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS: , , , , , , , , , , , , , , , , , , , , and City Negotiators: City Manager Pulone Property Negotiators: Parties To Be Determined Under Negotiation: Price and Terms of Payment EMERGENCY ITEM ADDED BY CITY ATTORNEY LITFIN City Attorney Litfin explained that a matter came to the City Council s attention after the posting of the Agenda on which there is a need to take immediate action. He said that the matter could be added to the Closed Session Agenda under Significant Exposure to Litigation and to the regular meeting Agenda by a two thirds vote of the Council. It was MOVED/SECONDED - HERNANDEZ/CAMPBELL - to add the following emergency item to the Closed Session Agenda that came up after the Agenda was posted and where there is a need for immediate action Adoption of Urgency Ordinance No and First Reading of Ordinance No , Readopting Portions of the Yorba Linda Municipal Code and Reauthorizing the Collection of a Fee to support Public, Education, and Governmental ( PEG ) Channel Facilities within the City s Jurisdiction. MOTION CARRIED by the following roll call vote: PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:37 p.m. RECESS PAGE 3

4 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING RECONVENING AT 6:30 P.M. CALL TO ORDER The City Council/Successor Agency to the Yorba Linda Redevelopment Agency reconvened at 6:34 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Brantley, Brown, Catlett, Christian, Kudron, Dietrich, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE City Attorney Todd Litfin INVOCATION Bishop Justin Dalton, Church of Jesus Christ Latter Day Saints Yorba Linda CLOSED SESSION REPORT City Attorney Litfin said there was no reportable action on the Closed Session items. City Attorney Litfin stated that Councilmember Tom Lindsey recused himself for two cases on Closed Session Item A, Conference with Legal Counsel Anticipated Litigation, Significant Exposure to Litigation, because he has a potential conflict under Government Code Section due to the location of his property. City Attorney Litfin stated that Councilwoman Campbell recused herself for two cases on Closed Session Item A, Conference with Legal Counsel Anticipated Litigation, Significant Exposure to Litigation, because she has a potential conflict under Government Code Section due to her employment with the County of Orange. EMERGENCY ITEM ADDED BY CITY ATTORNEY LITFIN City Attorney Litfin explained that a matter came to the City Council s attention after the posting of the Agenda on which there is a need to take immediate action. He said that PAGE 4

5 the matter could be added to the Closed Session Agenda under Significant Exposure to Litigation and to the regular meeting Agenda by a two thirds vote of the Council. It was MOVED/SECONDED - HERNANDEZ/CAMPBELL - to add the following emergency item to the Agenda that came up after the Agenda was posted and where there is a need for immediate action Adoption of Urgency Ordinance No and First Reading of Ordinance No , Readopting Portions of the Yorba Linda Municipal Code and Reauthorizing the Collection of a Fee to support Public, Education, and Governmental ( PEG ) Channel Facilities within the City s Jurisdiction. MOTION CARRIED by the following roll call vote: INTRODUCTIONS & PRESENTATIONS PRESENTATON ON THE OC LOOP/FAIRMONT CONNECTOR BIKEWAY Orange County Parks Project Manager Tuan Richardson, LSA Associates Principal Tony Petros and Southern California Association of Governments Senior Planner Stephen Patchan provided a PowerPoint presentation on the OC Loop/Fairmont Connector Bikeway. PUBLIC COMMENTS ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Richard de Bruijn, resident, spoke in support of the new Library. Savannah Rogers, resident, spoke in support of Council and suggested Checkers as a name for the new dog park. Julia Schultz, resident, spoke regarding her concerns with the new Library and Arts Center project. Pat Nelson, resident, spoke regarding the new Library and Arts Center project and said there was poor planning involved. Kay Dotson, resident, spoke regarding item No. 10, Telecommunication Facilities Rightof-Way Use and License Agreement Between the City of Yorba Linda and Newpath Networks, LLC ( Crown Castle ) and made suggestions for the City s website. Lee Day, resident, spoke regarding preferential treatment to certain areas of East Lake Village. PAGE 5

6 Kelly Rogers, resident, thanked Councilwoman Tara Campbell for meeting with her and her daughter, Savannah Rogers. DeeDee Friedrichs, resident, spoke about the Yorba Linda Country Riders and how they would again be training Orange County Sheriff s deputies on haltering horses. CONSENT CALENDAR Councilwoman Beth Haney pulled Item No. 12 from the Consent Calendar. It was MOVED/SECONDED CAMPBELL/HERNANDEZ - to approve the Consent Calendar with the removal of Item No. 12. MOTION CARRIED by the following roll call vote: 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA The City Council/Successor Agency to the Yorba Linda Redevelopment Agency waived reading in full of all ordinances and resolutions on the agenda and declared 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 The City Council/Successor Agency to the Yorba Linda Redevelopment Agency received and filed the Accounts Payable Check Register. 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 28, 2017 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the minutes of the February 28, 2017 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting. 4. APPROVAL OF THE MINUTES OF THE FEBRUARY 21, 2017 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the minutes of the February 21, 2017 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. PAGE 6

7 5. APPROVAL OF COOPERATIVE AGREEMENT NO BY AND BETWEEN THE CITY OF LA HABRA AND THE CITIES OF FULLERTON, BREA, PLACENTIA, AND YORBA LINDA FOR THE IMPERIAL HIGHWAY/STATE ROUTE 90 CORRIDOR PROJECT REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM The City Council approved Cooperative Agreement No by and between the City of La Habra and the cities of Fullerton, Brea, Placentia, and Yorba Linda for the Imperial Highway/State Route 90 Corridor Project Regional Traffic Signal Synchronization Program. 6. CONTRACT AGREEMENT EXTENSION FOR LANDSCAPE MAINTENANCE SERVICES AVENIDA RIO DEL ORO, PASEO A, B AND C TO ROCKEY MURATA MAINTENANCE LANDSCAPE SERVICES, INC. The City Council approved a two-year contract extension, in the amount of $71,424, for May 1, 2017 to May 1, 2019 for landscape maintenance services on Avenida Rio Del Oro, Paseo A, B, and C with Rockey Murata Landscape Maintenance Services, Inc. 7. GRANT OF EASEMENT TO YORBA LINDA WATER DISTRICT FOR ACCESS TO WATER SERVICE ASSEMBLY SERVING TOWN CENTER PARKING STRUCTURE The City Council approved the grant of easement to the Yorba Linda Water District for access to a water service assembly serving the future Town Center Parking Structure. 8. CITY OF YORBA LINDA STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) PROCEEDINGS RELATIVE TO LEVYING ANNUAL ASSESSMENTS FOR FISCAL YEAR 2017/2018, RESOLUTION NO The City Council (1) adopted Resolution No , initiating proceedings to levy annual assessments for the 2017/2018 Fiscal Year for the Street Lighting and Landscaping Maintenance Assessment District, and ordering the Engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of said Act; and (2) directed staff to have the Assessment Engineer review the request from the Rancho Dominguez Community Association for changes to Local Landscaping Zone L2J. 9. APPROVAL OF AMENDMENT NO. 1 TO CIVIL SOURCE, INC., ON-CALL CONSULTANT SERVICE AGREEMENT FOR DESIGN OF FISCAL YEAR 2016/2017 ANNUAL PAVEMENT PRESERVATION PROGRAM The City Council approved and authorized the City Manager to execute Amendment No. 1 to the On-Call Professional Services Agreement with Civil PAGE 7

8 Source, Inc. for design of the Fiscal Year 2016/2017 Annual Pavement Preservation Program. 10. TELECOMMUNICATION FACILITIES RIGHT-OF-WAY USE AND LICENSE AGREEMENT BETWEEN THE CITY OF YORBA LINDA AND NEWPATH NETWORKS, LLC ( CROWN CASTLE ) The City Council approved the Telecommunication Facilities Right of Way Use and License Agreement with Newpath Networks, LLC (doing business as Crown Castle ); and authorized the Mayor to sign and City Clerk to attest said agreement. 11. RESOLUTION NO REQUEST BY THE ORANGE COUNTY SHERIFF S DEPARTMENT TO CLOSE BASTANCHURY ROAD FOR THE CALIFORNIA HIGHWAY PATROL S EVERY 15 MINUTES EVENT The City Council adopted Resolution No , approving the closure of Bastanchury Road, between Princeton Place and Cornell Lane from 9:00 a.m. to 11:30 a.m. on Tuesday, April 4, 2017 for the California Highway Patrol s Every 15 Minutes event. 12. Removed 13. RESOLUTION NO INTENT TO CONDUCT A PUBLIC HEARING TO MAKE A PUBLIC NUISANCE DETERMINATION AT BASTANCHURY ROAD The City Council (1) adopted Resolution No , declaring its intent to conduct a public hearing to make a public nuisance determination at Bastanchury Road; and (2) set April 4, 2017 as the Public Hearing date. 14. CITY ATTORNEY AGREEMENT MODIFICATIONS The City Council approved the following modifications to the City Attorney agreement: (1) increase the hourly rate to $210 for General Attorney services; (2) increase the hourly rate to $225 for Specialized Legal services; and (3) change the billing method for Bond Counsel services from a percentage of bonds issued to an hourly rate. 15. REPORT OF TRAFFIC COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 16. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. PAGE 8

9 17. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. End of Consent Calendar ITEM 12 RESOLUTION NO INTENT TO VACATE DESIGNATED LANDSCAPE EASEMENTS WITHIN TRACT FOR LOCAL LANDSCAPING ZONE L2E Public Works Director/City Engineer Michael Wolfe responded to Councilwoman Haney s question regarding a portion of Zone L2E remaining with the existing Landscape Maintenance Assessment District and stated that those areas are staying in the District because they meet the LMAD Maintenance Location Guidelines approved by Council. Councilmember Tom Lindsey stated that consistent with his previous votes regarding vacating of easements, he would be voting no on this item. It was MOVED/SECONDED HUANG/CAMPBELL to (1) adopt Resolution No , declaring its intent to vacate designated landscape easements within Tract 11452; (2) set April 4, 2017 as the Public Hearing date for the vacation process; (3) appropriate $4,500 from the General Reserve fund to cover the costs associated with modifying the existing irrigation system and removing some of the existing on-grade irrigation infrastructure within landscape areas where the irrigation will be stopped; (4) direct staff to obtain release letters from property owners with approved requests to keep any of the existing on-grade irrigation infrastructure; (5) direct staff to send out general notices to properties in Local Landscaping Zone L2E once the Public Hearing date has been set; and (6) direct staff to proactively enforce any development specific Conditions of Approval, City approved Design Guidelines, Mitigation Measures from Environmental Documents, and other applicable documents for the areas previously maintained by the LMAD. MOTION CARRIED by the following roll call vote: Campbell, Haney, Hernandez, Huang Lindsey CITY MANAGER S REPORT/MAYOR S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Mark Pulone reported on storm related damages and said that the City incurred approximately $21,000 in damages. PAGE 9

10 City Manager Pulone spoke regarding the Facility Naming Policy and said that a draft policy would come before the City Council in the next few meetings. City Manager Pulone announced that a Request for Proposals (RFP) for a new City website was released last week. Proposals are due by March 30 th, and an update would be forthcoming at a future meeting. City Manager Pulone stated that the City recently launched Open Gov, a software program which will allow the public access to City s budget and financial records. City Manager Pulone announced that the City was soliciting names for the new dog park to be built near Jeanne Woodard Park. City Manager Pulone stated that Council had completed the selection of members for the Planning and Library Commissions; Robert Pease and Robert Lyons were reappointed to the Planning Commission and Marilyn Adams, Cheri Hansen and Randie Noell were reappointed to the Library Commission. Councilwoman Tara Campbell encouraged the public to access OpenGov.com to review the City s financial documents. Parks and Recreation Director Mike Kudron responded to Councilwoman Campbell s question and explained the different coding for revenue and expenditures depending on which facility the expenses took place. Councilwoman Campbell stated that the Placentia Yorba Linda Unified School District still used school buses to transport kids to and from the schools. She said that the Orange County Transportation Authority (OCTA) had performed an evaluation of their bus routes and discontinued the City stops due to low ridership. Councilwoman Campbell announced the Yorba Linda Woman s Club will have their Craft Faire this weekend at the Community Center. Mayor Pro Tem Gene Hernandez also reported that the OCTA evaluated their bus routes and found that North County cities did not use the bus route system like other areas of the County. Mayor Pro Tem Hernandez announced that an Easter Egg Hunt would take place on April 7 th at Box Canyon Park organized by Martand Bhagavatula s non-profit organization Kids n Smiles. The free event will collect new toys for pediatric patients, which will later be dropped off at local hospitals. Mayor Pro Tem Hernandez recently attended two forums that dealt with Orange County cities and the homeless situation. Councilwoman Beth Haney attended a reception for the new Dean at UCI and stated that her research focus is homelessness. PAGE 10

11 Councilman Lindsey spoke about a homeless recognition taskforce and asked staff to look into the organization and its status. Councilman Lindsey attended the Opening Day of East Yorba Linda Little League and said it was a wonderful event. Mayor Huang attended the Girls Softball League opening day last weekend. Mayor Huang spoke about recent hate crime occurrences and declared that hate crime would not be tolerated in the City. Mayor Huang announced the Annual Donate Life Run/Walk on Saturday, April 29, 2017 and invited all to join. ADMINISTRATIVE REPORTS 18. CITY S 50TH ANNIVERSARY CELEBRATION Allison Estes provided an overview of the staff report and responded to Council questions. It was MOVED/SECONDED CAMPBELL/HERNANDEZ to (1) consider and approve the proposed activities and budget for celebrating the City s 50 th Anniversary; (2) authorize the appropriation of funding, not to exceed $3,150, for costs associated with the City s 50 th Anniversary activities; and (3) direct staff to move forward in promoting, coordinating, and implementing the City s 50 th Anniversary activities. MOTION CARRIED by the following roll call vote: 19. CITY COUNCIL APPOINTMENT TO ACC-OC WATER COMMITTEE City Manager Mark Pulone provided a brief overview of the staff report and responded to questions from Council. It was MOVED/SECONDED HUANG/LINDSEY to appoint Mayor Pro Tem Gene Hernandez to serve on the Association of California Cities, Orange County (ACC-OC) Water Committee and Councilman Tom Lindsey as alternate. MOTION CARRIED by the following roll call vote: PAGE 11

12 20. FIRST READING OF ORDINANCE NO REVISIONS TO CHAPTER 3.04 OF THE MUNICIPAL CODE GOVERNING PROCUREMENT; APPROVAL OF REVISIONS TO CITY COUNCIL POLICY A-2 GOVERNING CHANGE ORDERS AND AMENDMENTS, AND CANCELLATION OF CITY COUNCIL POLICY A-10 RELATED TO INFORMAL BIDDING Finance Director Scott Catlett provided a PowerPoint presentation, overview of staff report and responded to Council comments. Pat Nelson, resident, spoke in support of reviewing contracts on a regular basis and not automatically renewing without checking competitive prices. Kay Dotson, resident, said she had many concerns and spoke about ethical staff members being an important component. A lengthy discussion ensued among Council and staff regarding economy of scale opportunities, change orders, length of contracts, and responsibility to taxpayers. It was MOVED/SECONDED CAMPBELL/LINDSEY to approve a revised City Council Policy A-2 governing change orders and amendments; approve the cancellation of City Council Policy A-10 related to informal bidding.; and continue item number 1, to approve for first reading Ordinance No , approving changes to Chapter 3.04 of the Yorba Linda Municipal Code regarding procurement. MOTION CARRIED by the following roll call vote: 21. CITY OF YORBA LINDA STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) POST PROPOSITION 218 ACTIONS FOR LOCAL LANDSCAPING ZONE L4A Councilwoman Beth Haney recused herself and left the dais because she has a potential conflict under Government Code Section due to the location of her property. Public Works Director/City Engineer Wolfe provided a PowerPoint presentation and overview of the staff report. Judy Murray, resident, spoke about her concerns regarding Local Landscaping Zone L4A and expressed her opinion on the matter. Kay Dotson, resident, spoke about the various opportunities and outreach that Zone L4A property owners have been given. Councilman Lindsey stated that he was in support of the item since there were no easements to abandon and the public hearing was forthcoming. PAGE 12

13 It was MOVED/SECONDED LINDSEY/HERNANDEZ to (1) direct staff to cease irrigation and maintenance in designated locations pursuant to the LMAD Maintenance Location Guidelines for Deficit Zones (Guidelines) in Local Landscaping Zone L4A starting April 1, 2017; (2) allow the City Engineer to accept, review, and respond to requests to keep above ground irrigation lines in place after cessation of irrigation/maintenance and transfer the appropriate irrigation facilities to property owners; and (3) direct staff to obtain release letters from property owners with approved requests to keep any of the existing ongrade irrigation infrastructure. MOTION CARRIED by the following roll call vote: ABSTAIN: Campbell, Hernandez, Huang, Lindsey Haney 22. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) LANDSCAPE TRANSITION PROGRAM MEDIAN PROJECT Councilwoman Beth Haney recused herself and left the dais because she has a potential conflict under Government Code Section due to the location of her property. Public Works Director/City Engineer Wolfe provided a PowerPoint presentation and overview of the staff report. Kay Dotson, resident, spoke about the median project and said that the overall costs were shocking. It was MOVED/SECONDED HUANG/HERNANDEZ to (1) approve a new Capital Improvement Program (CIP) project titled LMAD Landscape Transition Program Median Project to be initiated in Fiscal Year (FY) 2016/2017; (2) direct staff to move forward with the final development of the plans and bidding of Phase 1 of the LMAD Landscape Transition Program Median Project in FY 2016/2017; and (3) appropriate $315,575 of funds from designated LMAD Zone Reserve funds into the LMAD Landscape Transition Program Median Project for Phase 1. MOTION CARRIED by the following roll call vote: ABSTAIN: Campbell, Hernandez, Huang, Lindsey Haney EMERGENCY ITEM ADDED BY CITY ATTORNEY LITFIN 23. ADOPTION OF URGENCY ORDINANCE NO AND FIRST READING OF ORDINANCE NO , READOPTING PORTIONS OF THE YORBA PAGE 13

14 LINDA MUNICIPAL CODE AND REAUTHORIZING THE COLLECTION OF A FEE TO SUPPORT PUBLIC, EDUCATION, AND GOVERNMENTAL ( PEG ) CHANNEL FACILITIES WITHIN THE CITY S JURISDICTION. City Attorney Litfin provided an overview of the staff report and responded to questions from Council. It was MOVED/SECONDED HUANG/HERNANDEZ to adopt Urgency Ordinance No , the Urgency Ordinance of the City Council of the City of Yorba Linda, California, Readopting Section of Article XVII of Chapter 5.40 of Title 5 of the Yorba Linda Municipal Code Entitled State Video Services Franchises Relating to State Franchises for Cable Communications; and Reauthorizing a Fee to Support Public, Education, and Governmental ( PEG ) Channel Facilities Within the City s Jurisdiction by a four-fifths vote; and conduct first reading of Ordinance No , an Ordinance of the City council of the City of Yorba Linda, California, Readopting Section of Article XVII of Chapter 5.40 of Title 5 of the Yorba Linda Municipal Code Entitled State Video Services Franchises Relating to State Franchises for Cable Communications; and Reauthorizing a Fee to Support Public, Education, and Governmental ( PEG ) Channel Facilities Within the City s Jurisdiction. MOTION CARRIED by the following roll call vote: ADJOURNMENT Mayor Huang adjourned the meeting at 9:46 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on March 21, APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: Marcia Brown, City Clerk City of Yorba Linda PAGE 14