CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES November 21, 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: Council/Agency Members Absent: Staff Members: Litfin, Pulone
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 ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section 54956.9(d)(4) (2 Cases) C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case) Name of Case: Case Number: Beyl v. City of Yorba Linda et. al. 30-2015-00815529-CU-WM-CJC, Superior Court, County of Orange G054057, Court of Appeals of California D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section 54956.9 (d)(1) (1 Case) Name of Case: Case Number: City of Yorba Linda v. EI-YORBA LINDA, LLC, et al. 30-2016-00844452-CU-WM-CJC, Superior Court, County of Orange E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APN: 334-441-54 City Negotiators: City Manager Pulone Property Negotiators: Parties to be Determined Under Negotiation: Price and Terms of Payment PAGE 2
F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APN Nos. 323-324-02 & 03 City Negotiators: City Manager Pulone Property Negotiators: John Force Racing Inc. 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 5:31 p.m. RECESS PAGE 3
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 6:32 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Council/Agency Members Absent: Staff Members: Brantley, Brown, Catlett, Christian, Jasper, Kovacs, Kudron, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE City Manager Mark Pulone INVOCATION Chaplain John Siu, Orange County Sheriff's Department CLOSED SESSION REPORT City Attorney Litfin stated that there was no reportable action. INTRODUCTIONS & PRESENTATIONS LAW ENFORCEMENT SERVICES UPDATE BY SERGEANT BRENT JASPER Sgt. Brent Jasper provided a brief update on the crime statistics for the month of October, most of which were crimes of opportunity where many of the crimes stemmed from unlocked vehicles. City Council provided a special recognition to Public Works Director/City Engineer Michael Wolfe recognizing his four years with the City of Yorba Linda, and wished him success on his new position with another agency. Mr. Wolfe thanked the City Council, City employees and his staff. PAGE 4
PUBLIC COMMENTS ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Leonard Rose, resident, spoke about the need for job training and rehabilitation programming in the community. Al Nederhood, Board Vice president of the Yorba Linda Water District, provided an update on the ribbon cutting for Well No. 21 which was under construction for two years. He stated that the district approved the initial proposals for drilling an additional well that will strengthen water delivery systems. He encouraged residents to drive by the pumping station on Fairmont, north of Bastanchury, to see the new building and thanked the City for being a good partner with the water district. Richard De Bruijn, resident wished Mr. Wolfe the best on his new endeavor. He commented in regard to the zoning for the Church of Christ property on 4382 Eureka Avenue that is up for sale. Kay Dotson, resident, thanked Mr. Wolfe for his significant contributions to the City and wished him the best. She also commented on the contract agreement extensions for Consent Calendar Item Nos. 7 and 8, and stated that the City needs more vendors. Ms. Dotson commented on the resurgence of the plague disease and concluded her comments by stating that the LMAD links on the City website are not correct. CONSENT CALENDAR Councilmember Lindsey pulled Item No. 6 from the Consent Calendar. It was MOVED/SECONDED HERNANDEZ/LINDSEY to approve the Consent Calendar with the removal of Item No. 6. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: 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 November 21, 2017, in the amount of $1,275,517.45. PAGE 5
3. APPROVAL OF THE MINUTES OF THE NOVEMBER 7, 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 November 7, 2017 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting. 4. APPROVAL OF THE MINUTES OF THE NOVEMBER 7, 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 November 7, 2017 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 5. NOTICE OF COMPLETION FOR THE YORBA LINDA DOG PARK (CHECKERS DOG PARK) CONSTRUCTION PROJECT The City Council accepted the Yorba Linda Dog Park (Checkers Dog Park), and authorized the City Clerk to file a Notice of Completion with the County Recorder. 6. REMOVED 7. CONTRACT AGREEMENT EXTENSION FOR LANDSCAPE MAINTENANCE SERVICES PACKAGE E EAST LAKE VILLAGE WITH ROCKEY MURATA LANDSCAPE MAINTENANCE SERVICES, INC. The City Council: (1) approved a monthly contract extension for up to two months for landscape maintenance services between the City and Rockey Murata Landscape Maintenance Services, Inc.; and (2) authorized the City Manager to sign the contract extension. 8. CONTRACT AGREEMENT EXTENSION FOR LANDSCAPE MAINTENANCE SERVICES PACKAGE F WEST YORBA LINDA WITH NIEVES LANDSCAPE SERVICES, INC. The City Council: (1) approved a monthly contract extension for up to two months for landscape maintenance services between the City and Nieves Landscape Maintenance Services, Inc.; and (2) authorized the City Manager to sign the contract extension. 9. APPROVE AMENDMENT NO. 3 WITH WILLDAN ENGINEERING FOR PROFESSIONAL SURVEYING SERVICES The City Council approved and authorized the City Manager to sign Amendment No. 3 with Willdan Engineering for professional surveying services. PAGE 6
10. TENTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE ORANGE COUNTY SHERIFF S DEPARTMENT The City Council (1) approved the tenth amendment to the agreement for law enforcement services with the Orange County Sheriff s Department, establishing the levels of service and costs for FY 17-18; and (2) appropriated an additional $220,921 into account 001.4.210.3005 for FY 17-18. 11. ENCROACHMENT ONTO CITY EASEMENT REQUEST 20810 FERN CIRCLE The City Council allowed the existing improvements to remain within the City s easement on the property at 20810 Fern Circle, determined such encroachments will not adversely impact the City s easement or general public safety, and required the property owner to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5A. 12. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 13. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. ITEM 6 End of Consent Calendar AGREEMENT CONTAINING COVENANTS AFFECTING 4884 MAIN STREET Councilman Lindsey stated that staff received a letter from the property owners requesting Council consideration to amend section 5.C. of the Agreement Containing Covenants Affecting Real Property, changing the termination effective within 90 days of notice to 180 days. City Manager Pulone stated that staff has considered the request and is comfortable with the request to change it to 180 days. City Attorney Litfin stated that there are no legal ramifications. It was MOVED/SECONDED LINDSEY/CAMPBELL to approve and authorize the City Manager to sign the Agreement containing Covenants affecting 4884 Main Street, Yorba Linda with the amendment to section 5.C reflecting 180 days. MOTION CARRIED by the following roll call vote: PAGE 7
AYES: NOES: ABSENT: None PUBLIC HEARING 14. ZONING CODE AMENDMENT ZCA 2017-06 AN AMENDMENT TO CHAPTER 18.24 OF THE YORBA LINDA ZONING CODE TO MODIFY REGULATIONS PERTAINING TO TEMPORARY REAL ESTATE DIRECTIONAL SIGNS a. Open Public Hearing Mayor Huang opened the public hearing. b. Staff Report Community Development Director David Brantley provided a brief background on the Zoning Code Amendment since its adoption on June 26, 2017. Principal Planner Nathan Farnsworth discussed the proposed amendments to the sign ordinance following expressed concerns at the August 1, 2017 Council meeting regarding the enforceability and limitation of real estate directional signs. He stated that staff researched several cities and collaborated with stakeholders to assess suitable recommendations. c. Take Testimony Phil Hawkins, CEO of Pacific West Association of Realtors, thanked Mr. Farnsworth for working with the association and expressed his support of staff's recommendation. d. Close Public Hearing Mayor Huang closed the public hearing. e. Make Determination It was MOVED/SECONDED CAMPBELL/HUANG to introduce for first reading Ordinance No. 2017-1049 approving Zoning Code Amendment 2017-06 pertaining to real estate directional signs. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: None CONTINUED PUBLIC COMMENTS None. PAGE 8
CITY MANAGER S REPORT/MAYOR S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Pulone responded to Mr. Dr Bruijn's question regarding the church property. He stated the area is zoned residential, and he is not aware of any proposed changes to the zone, but will check to confirm. Councilwoman Campbell attended the Santa Ana River Flood Protection Agency (SARFPA) meeting in place of Councilman Lindsey. She stated that the Army Core of Engineers project on the eastern end of the City will have portions completed by the end of 2018 and 2020. Mayor Pro Tem Hernandez attended an event with Cub Scout Troop 851 where he answered questions regarding elected officials. Councilman Lindsey thanked Councilwoman Campbell for attending the SARFPA meeting in his place and expressed his appreciation to Mr. Wolfe for his dedication to the City the last four years of his career. Mayor Huang also thanked Mr. Wolfe and wished him the best on his new endeavor. She provided an update on the SCAG conference she attended on the state of the housing crisis in California and her discussion with Yes In My Backyard (YIMBY) housing advocates. Mayor Huang also discussed her visit to the Placentia-Yorba Linda Hospital and stated they are looking for volunteers. She concluded her comments by sharing a resolution that was presented to the City at the Council of Pakistan's First Peace Conference. ADMINISTRATIVE REPORTS 15. MAIN STREET IMPROVEMENT PROJECT DESIGN OPTIONS AND CONSTRUCTION CONSOLIDATION WITH LEMON DRIVE (BETWEEN MAIN STREET AND VALENCIA AVENUE) AS A COMBINED PROJECT Assistant City Engineer Rick Yee provided a staff report to Council, highlighting the proposed improvement design options to Main Street. He also reviewed the two alternative options and their associated costs. He said that staff is not seeking appropriation at this time, however it is anticipated that funds would either come from unclaimed fund monies or from the infrastructure special reserve account. A brief discussion ensued among Council regarding SB-1 funding and CIP projects. PAGE 9
It was MOVED/SECONDED HERNANDEZ/CAMPBELL to direct staff to finalize the Lemon Drive Improvement project design (between Main Street and Valencia Avenue) and consolidate with Main Street as a combined project; and concur that the existing Main Street Improvement project design is the preferred option. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: None CLOSED SESSION IF REQUIRED None. ADJOURNMENT Mayor Huang adjourned the meeting at 7:40 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on December 5, 2017. PAGE 10