CITY OF YORBA LINDA. Land of Gracious Living

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1 CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES December 19, 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 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Campbell, Haney, Hernandez, Huang, Lindsey 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) (3 Cases) B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section (d)(4) (1 Case) C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Case Number: EI-YORBA LINDA, LLC, et al. v City of Yorba Linda CU-WM-CJC, Superior Court, County of Orange D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Case Number: Palmer v. City of Yorba Linda 8:17-cv JLS (JDEx), Superior Court, County of Orange E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APN Nos & 03 City Negotiators: City Manager Pulone Property Negotiators: John Force Racing Inc. Under Negotiation: Price and Terms of Payment F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: City Negotiators: Property Negotiators: Under Negotiation: & Imperial Highway City Manager Pulone Parties to be Determined Price and Terms of Payment PAGE 2

3 City Attorney Litfin stated that an amended claim was received yesterday from Mr. Peter Meng therefore he would ask Council to remove the original claim that is on tonight s agenda. PUBLIC COMMENT ON CLOSED SESSION ITEMS None CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:32 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 6:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Campbell, Haney, Hernandez, Huang, Lindsey Brantley, Brown, Catlett, Christian, Fowler, Kovacs, Kudron, Kurimay, Litfin, Lixey, Pulone PLEDGE OF ALLEGIANCE City Attorney Todd Litfin INVOCATION Pastor Robert White, Crosspointe Church CLOSED SESSION REPORT City Attorney Todd Litfin stated there was no reportable action. INTRODUCTIONS & PRESENTATIONS RECOGNITION OF FRIENDS CHRISTIAN SCHOOL MOTORBOTS ROBOTICS TEAM Mayor Gene Hernandez presented a certificate of recognition to the Friends Christian School Motorbots Robotics team and congratulated them for winning 2nd Place in Core Values on Gracious Professionalism in the 2017 LEGO League Robotics Regional Championships. Coach Jenny Brown gave a brief background on the Motorbots Robotics Team and thanked Council for the recognition. PAGE 4

5 CHAMBER OF COMMERCE S QUARTERLY UPDATE AND BUSINESS OF THE MONTH RECOGNITIONS Yorba Linda Chamber of Commerce President Dr. Ajay Sawhney provided a PowerPoint of the Chamber of Commerce initiatives and activates during the past quarter and thanked the City for its support. President Sawhney then gave a short biography of the Business of the Month recipients: Bo Lowe with Send out Cards for the month of October, Brian Moore with Crosspointe Church for the month of November, and Michael Strom with Oasis Senior Advisors for the month of December. Mayor Hernandez presented certificates of recognition to Bo Lowe, Brian Moore, and Michael Strom for their businesses being named Business of the Month by the Yorba Linda Chamber of Commerce. CITY S BUSINESS OF THE QUARTER RECOGNITION TO LAMPPOST PIZZA Mayor Hernandez congratulated Tonya Lindersmith of Yorba Linda Lamppost Pizza West for the restaurant being named the City s Business of the Quarter. Tonya Lindersmith expressed her appreciation to the public for their support and to the City Council for the recognition. PUBLIC COMMENTS ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Leonard Rose, resident, spoke about a local photobooth business and different activities around the community. Pat Nelson, resident, inquired if the City suffered any damage due to the recent winds. She also said that she supports the recommendation to deny Item No the claim for damages. Peter Meng, resident, provided a PowerPoint presentation addressing local landscaping and Fire Hazard Severity Zones. Larry Goodnough, resident, spoke about Item No. 24 pertaining to the Hidden Hills Estates Community Request for New Vote on Zone L2N, and the watering of easements. Julia Shultz, resident, said she attended the Yorba Linda Water District/City Council Joint Committee meeting on Monday, December 18 th and was hoping the Council would discuss an item that was on the agenda relating to mandated water regulations. She also disagreed with Mr. Meng s comments and said she enjoys the trees in the community and does not view them as threatening. City Manager Mark Pulone provided an update on the item that was on the December 18 th Yorba Linda Water District/City Council Joint Committee meeting agenda and stated that the State Water Resources Control Board (SWRCB) is seeking to enact regulations PAGE 5

6 that would closely mimic provisions that were in place during the emergency declaration of the drought. He said staff received the draft opposition letter from the Yorba Linda Water District shortly prior to Closed Session and said staff will look into the issue. Kay Dotson, resident, thanked Mayor Pro Tem Campbell and Councilwoman Haney for voting against the approval of Vesting Tentative Parcel Map Johnson, at the December 5 th Council meeting. She also talked about decaying trees near her home and the damage fallen branches have caused. Phil Hawkins, Director of the Yorba Linda Water District, said the (SWRCB), which is an appointed board, is trying to enact a regulation that the Yorba Linda Water District does not support. As such, the Yorba Linda Water District is sending a letter of opposition, and he encouraged the City to submit a letter as well. He said that water districts in the county are also submitting letters of opposition. CONSENT CALENDAR City Attorney Litfin addressed Peter Meng s claim on Item No. 16 and said that an amended claim was received on Monday December 18 th, therefore, his claim under Item No. 16 will be pulled to allow for the review of the amended claim. Councilwoman Haney requested a slight revision to Item No. 3, December 5, 2017 Minutes. It was MOVED/SECONDED HANEY/CAMPBELL to approve the Consent Calendar with the revision to Item No. 3 and the removal of the claim submitted by Peter Meng under Item No. 16. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Campbell, Haney, Hernandez, Huang, Lindsey None None 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 received and filed the accounts payable check register dated December 19, 2017 in the amount of $437, APPROVAL OF THE MINUTES OF THE DECEMBER 5, 2017 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING PAGE 6

7 The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the minutes of the December 5, 2017 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 4. NOTICE OF COMPLETION FOR THE FISCAL YEAR ANNUAL PAVEMENT PRESERVATION PROGRAM The City Council accepted the Fiscal Year Annual Pavement Preservation Program, authorized the City Clerk to file a Notice of Completion with the County Recorder, and authorized the retention monies to be paid when appropriate to do so. 5. RESOLUTION NO TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER PRIVATE PROPERTY LOCATED AT18282 JOEL BRATTAIN DRIVE CONSTITUTES A PUBLIC NUISANCE The City Council adopted Resolution No , to hold a public hearing to ascertain whether private property located at Joel Brattain Drive in the City of Yorba Linda constitutes a public nuisance. 6. RESOLUTION NO TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER PRIVATE PROPERTY APN NO CONSTITUTES A PUBLIC NUISANCE The City Council adopted Resolution No , to hold a public hearing to ascertain whether private property APN No located in the City of Yorba Linda constitutes a public nuisance. 7. APPROVE AMENDMENT NO. 5 WITH WILLDAN ENGINEERING FOR PROFESSIONAL ENGINEERING SERVICES IN PREPARING DESIGN PLANS AND SPECIFICATIONS FOR THE ANNUAL PAVEMENT PRESERVATION PROGRAM ZONE 1 The City Council approved and authorized the City Manager to sign Amendment No. 5 with Willdan Engineering for professional engineering services to prepare design plans and specifications for the Fiscal Year 2017/2018 Annual Pavement Preservation Program (APPP) Zone REJECT THE BID RECEIVED FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) MAINTENANCE PACKAGE C AND EXTEND THE CURRENT AGREEMENT The City Council 1. rejected all bids received for the Landscape Maintenance Assessment District (LMAD) Maintenance Package C (Yorba Ranch); 2. authorized the City Engineer to modify the specifications and bid documents to provide for more competitive bids to be received when re-bid; 3. approved a monthly contract extension for up to three months for landscape maintenance PAGE 7

8 services between the City and Rockey Murata Landscape Maintenance Services, Inc.; and 4. authorizes the City Manager to sign the contract extension. 9. REJECT THE BID RECEIVED FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) MAINTENANCE PACKAGE E AND EXTEND THE CURRENT AGREEMENT The City Council 1. rejected all bids received for the Landscape Maintenance Assessment District (LMAD) Maintenance Package E (East Lake Village); 2. authorized the City Engineer to modify the specifications and bid documents to provide for more competitive bids to be received when re-bid; 3. approved a monthly contract extension for up to three months for landscape maintenance services, between the City and Rockey Murata Landscape Maintenance Services, Inc.; and 4. authorized the City Manager to sign the contract extension. 10. AWARD OF LANDSCAPE AND EQUESTRIAN TRAIL MAINTENANCE FOR THE LANDSCAPE MAINTENANCE DISTRICT (LMAD) MAINTENANCE PACKAGE A (CAMINO DE BRYANT) MERCHANTS LANDSCAPE SERVICES, INC. The City Council awarded the maintenance contract for landscaped areas and equestrian trails associated with the City s Landscape Maintenance Assessment District (LMAD) Maintenance Package A Camino De Bryant in the initial amount of $323, per year, rejected all other bids, and upon receipt of appropriate documents authorized the City Manager to execute the contract and approve renewals including authorized annual CPI increases provided for within this agreement. Through a formal competitive bid process, Merchants Landscape Services, Inc. was established as the lowest responsive and responsible bidder. 11. AWARD OF LANDSCAPE AND EQUESTRIAN TRAIL MAINTENANCE FOR THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) MAINTENANCE PACKAGE F (WEST YORBA LINDA) NIEVES LANDSCAPE, INC. The City Council awarded the maintenance contract for landscaped areas and equestrian trails associated with the City s Landscape Maintenance Assessment District (LMAD) Maintenance Package F West Yorba Linda, in the initial amount of $218, per year, rejected all other bids, and upon receipt of appropriate documents authorized the City Manager to execute the contract and approve renewals including authorized annual CPI increases provided for within this agreement. Through a formal competitive bid process, Nieves Landscape, Inc. was established as the lowest responsive and responsible bidder. 12. AWARD OF ARROYO WAY IMPROVEMENT PROJECT TO GMC ENGINEERING INC. The City Council awarded the construction contract to GMC Engineering Inc. for the Arroyo Way Improvement Project in the amount of $454, and rejected all other bids. PAGE 8

9 13. APPROVE AMENDMENT NO. 2 WITH INTERWEST CONSULTING FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ON TOWN CENTER PUBLIC IMPROVEMENTS The City Council approved and authorized the City Manager to sign Amendment No. 2 with Interwest Consulting Services for Construction Management and Inspection Services on Town Center Public Improvements. 14. APPROVE AMENDMENT NO. 4 WITH WILLDAN ENGINEERING FOR PROFESSIONAL LMAD MAPPING SERVICES The City Council approved and authorized the City Manager to sign Amendment No. 4, with Willdan Engineering for professional mapping update services. 15. CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT FOR MISCELLANEOUS EMPLOYEES The City Council adopted Resolution No , relating to the classification, compensation and terms of employment for Miscellaneous employees and authorized the City Manager to make any necessary revised language changes to the Side Letter Agreement that do not affect the substance of any negotiated items for the purpose of classification. 16. CLAIMS FOR DAMAGES MENG AND WERTZ The City Council denied the claim for damages filed by Pauline Wertz. 17. RESOLUTION NO APPROVING THE APPOINTMENT OF AN INTERIM PUBLIC WORKS DIRECTOR The City Council adopted Resolution No , approving the appointment of an Interim Public Works Director and authorizing the City Manager to execute an agreement for such services. 18. SUCCESSOR AGENCY S TRANSFER OF PROPERTY TO CITY OF YORBA LINDA PURSUANT TO REDEVELOPMENT DISSOLUTION LAW The Successor Agency to the Yorba Linda Redevelopment Agency adopted Resolution No transferring fifteen (15) parcels to the City of Yorba Linda and directed the City Manager to execute and record quitclaim deeds for said properties, pursuant to applicable sections of the Redevelopment Dissolution Law (Health and Safety Code section et seq). It was further recommended that the City Council accept the properties being transferred on behalf of the City. 19. APPROVAL OF AGREEMENTS FOR EMPLOYEE DENTAL AND VISION BENEFITS PAGE 9

10 The City Council authorized the City Manager to execute agreements with Principal to provide dental insurance benefits, and EyeMed to provide vision insurance benefits to all eligible employees beginning January 1, REPORT OF TRAFFIC COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 21. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 22. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. End of Consent Calendar CITY MANAGER S REPORT/MAYOR S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Mark Pulone responded to resident Pat Nelson s inquiry on damages sustained by the Santa Ana winds. He said that a tree limb caused damage to the bronze eagle statue and a bench at Veterans Park and said he was not aware of any other significant damage within the City. Mayor Pro Tem Campbell attended the Holiday on Main Street and the Annual Boat Parade in East Lake Village, and acknowledged how great it is to celebrate the holidays in Yorba Linda. Councilwoman Huang provided a brief Foothill/Eastern Transportation Corridor Agency (TCA) update and said that the Orange County Transportation Authority voted to indefinitely delay the 241/91 Connector. She also said that the TCA decided to look into 5 routes in South County for mobility of east/west connections as well as meaningful ways to alleviate some of the bottlenecks on the I-5 heading towards San Diego. Councilwoman Haney briefly discussed the Yorba Linda Water District/City Council Joint Committee meeting that was held on Monday, December 18 th and the regulations that the Yorba Linda Water District, and many other water districts are opposing. Councilman Lindsey acknowledged that the City received the sample opposition letter from the Yorba Linda Water District and said that he would support the City Manager responding to the letter in a way that he deems appropriate; Mayor Hernandez agreed. Councilman Lindsey encouraged residents to attend the Yorba Linda Water District/City Council Joint Committee meetings held in Council Chambers. He also talked about the Christmas lights in East Lake Village and recommended that residents drive out to see PAGE 10

11 them. He asked Lt. Kurimay to provide an update on the accident that occurred last Saturday. Lt. Kurimay said that last Saturday, December 16 th Sheriff s Deputies were called to a suspicious circumstance but upon arrival the suspect had fled. After a high speed chase the suspect crashed into a tree and was hospitalized. Lt. Kurimay said the suspect was believed to be stealing mail and the incident is under investigation. Mayor Hernandez attended the Placentia-Yorba Linda Meals on Wheels Volunteer Luncheon at Masonic Lodge, toured the Oakcrest Heights construction site in Savi Ranch, and attended a three-day well water workshop at UCLA. Other events Mayor Hernandez attended included: the East Lake Village Holiday Boat Parade; Holiday on Main Street by Main Street Merchants; Yorba Linda Historical Society holiday party; Yorba Linda Chamber Board meeting; OC Korean US Citizens League Installation Dinner in Buena Park; a Latino leaders breakfast hosted by Edison; Yorba Linda City employees holiday party; the Yorba Linda Chamber of Commerce holiday party; a Pat Nixon Republican Women event; and Joy to the World at the Segerstrom Center for the Arts in which Councilman Lindsey performed. 23. CITY COUNCIL APPOINTMENTS TO ORGANIZATIONS, AGENCIES, AND COMMITTEES The following list depicts each Councilmembers delegation to the Organizations, Agencies, and Committees for ACCOC ORANGE COUNTY ACCOC OC WATER COMMITTEE FINANCE COMMITTEE (STANDING COMMITTEE) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY LEAGUE OF CALIFORNIA CITIES OC DIVISION ORANGE COUNTY CITY SELECTION COMMITTEE ALTERNATE: Peggy Huang ALTERNATE: Tom Lindsey DELEGATE: Peggy Huang DELEGATE: Beth Haney ALTERNATE 1: Tom Lindsey ALTERNATE 2: Gene Hernandez ALTERNATE 3: Tara Campbell DELEGATE: Peggy Huang ALTERNATE: Tara Campbell PAGE 11

12 ORANGE COUNTY COUNCIL OF GOVERNMENTS OC FIRE AUTHORITY OC MOSQUITO & VECTOR CONTROL DISTRICT OVERSIGHT BOARD PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT SANTA ANA RIVER FLOOD PROTECTION AGENCY SENIOR CITIZENS ADVISORY COUNCIL SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE: Peggy Huang 2-Year Term Expires Dec. 31, 2018 OC BOS Appointee: Tom Lindsey LIAISON : Tara Campbell DELEGATE: Tom Lindsey ALTERNATE: Tara Campbell ALTERNATE: Peggy Huang TRAUMA INTERVENTION PROGRAM YL CHAMBER OF COMMERCE YL WATER DISTRICT YLWD/CC JOINT ADVISORY COMMITTEE DELEGATE: Beth Haney ALTERNATE: Tom Lindsey ALTERNATE: Tara Campbell DELEGATE: Tom Lindsey ALTERNATE: Gene Hernandez DELEGATE: Tom Lindsey It was MOVED/SECONDED CAMPBELL/HANEY to approve the City Council Appointments to Organizations, Agencies and Committees for MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Campbell, Haney, Hernandez, Huang, Lindsey None None PAGE 12

13 ADMINISTRATIVE REPORTS 24. HIDDEN HILLS ESTATES COMMUNITY REQUEST FOR NEW VOTE ON ZONE L2N City Manager Mark Pulone said this item is regarding Guidelines for Property Owner Requested Modifications in the LMAD that were approved by Council on August 17, At the December 5, 2017 Council meeting, residents from Hidden Hills submitted 119 signed petitions requesting a new vote concerning their proposed alternative partial beautification plan. Interim Public Works Director/City Engineer Brad Fowler provided a brief staff report and said that a threshold of 129 petitions would have been expected in order to meet the Guideline requirement of 50% of the property owners; however, petitioner was advised by previous staff that only 50% of 230 would be necessary. The approximate cost to conduct the research required and generate an updated Engineer s Assessment Report for Local Landscaping Zone L2N would not exceed $12,000. Larry Goodnough, resident, said he would like to see the area looking better. He said that he understands that $12,000 for the Engineer s Report is a lot of money, but suggested having residents come up with a bond for the $12,000. Brian Chapman, resident, spoke about the number of parcels and signatures required to satisfy the Guidelines and the special benefit as it pertains to this item. Mr. Chapman asked Council to approve the new vote. Janice Lim, resident, urged Council to approve the new vote so that residents of L2N can beautify their landscape. She submitted four additional petitions to the City Clerk to include with those submitted at the December 5, 2017 meeting. She also provided an update on past actions for L2N votes. Kay Dotson, resident, spoke about the special benefit, fuel modification, and the cost of all three votes. She spoke about other cities and said no other city allows re-votes. A lengthy conversation ensued among Council regarding the areas for requested improvements, the costs associated and the potential performance bond requirement. It was MOVED/SECONDED CAMPBELL/HANEY to direct City staff to further review and evaluate applicant s request to hold a new assessment vote for subject zone in accordance with the Council approved Guidelines for Property Owner Requested Modifications in the LMAD, up to and including authorization to proceed with an Engineer s Assessment Report, if appropriate; authorize an appropriation of $12,000 of General Reserve Funds into account number now to cover the costs until such time as they may be paid back; PAGE 13

14 and to direct staff to come back to Council with recommendations once the L2N process is complete. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Campbell, Haney, Hernandez, Huang, Lindsey None None CLOSED SESSION IF REQUIRED - None ADJOURNMENT Mayor Hernandez adjourned the meeting 8:41 p.m. in honor of Cal Fire Engineer Cory Iverson, of Escondido, who passed away battling the Thomas Fire on December 14, 2017, to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on January 16, PAGE 14