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

MINUTES

-
Council Chambers
4845 Casa Loma Avenue
Councilmembers Present:
  • Campbell,
  • Haney,
  • Hernandez,
  • Huang,
  • and Rodriguez
Staff Present:
  • Brantley,
  • Brown,
  • Christian,
  • Honeywell,
  • Kudron,
  • Lai,
  • Lixey,
  • Martino,
  • Pulone,
  • and City Attorney

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.

CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY

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-CJC, Superior Court, 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 – Anticipated Litigation, Significant Exposure to Litigation, because she has a potential conflict under Government Code Section 87100.    

City Attorney Litfin stated that Mayor Pro Tem Carlos Rodriguez recused himself for one case 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 87100.    

Government Code Section 54957.6

Agency Designated Representatives: City Manager Pulone
Employee Organizations: Yorba Linda Chapter of the Orange County Employees Association; Yorba Linda Mid-Management Association; and non-represented Management Employees

The City Council convened into Closed Session at 5:36 p.m.

The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority reconvened at 6:32 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.

Councilwoman Beth Haney

Pastor Heather Brown, Richfield Community Church

City Attorney Litfin said there was no reportable action on the items 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 – Anticipated Litigation, Significant Exposure to Litigation, because she has a potential conflict under Government Code Section 87100.    

City Attorney Litfin stated that Mayor Pro Tem  Rodriguez recused himself for one case 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 87100.    

City Manager Mark Pulone introduced the City's new staff member Yvonne Nguyen, Management Assistant and shared a brief overview of her career background.

Council welcomed her to the Yorba Linda team.

Yorba Linda Chamber of Commerce Chief Executive Officer Susan Wan-Ross shared a PowerPoint of the Chamber’s Quarterly Update which included statistics on membership retention, social media engagement and COVID-19 response. She said the Chamber has distributed well over 10,000 facemasks to businesses and residents. She highlighted their E-waste & Shredding events, Network Connection Luncheons and their seventeen (17) Val Tech Program interns. Ms. Wan-Ross concluded by also talking about the Taste of Yorba Linda, Mayor's Prayer Breakfast and Fitness Fridays.

Mayor Peggy Huang recognized the July, August and September Businesses of the Month as the Yorba Linda Woman's Club, The OC Local, and Republic Services, respectively. Susie Autry, Yorba Linda Woman's Club President, John Kalil, The OC Local Owner/Operator and Tanya Castañeda, Republic Services Municipal Manager, accepted the certificates. Council congratulated the businesses and wished them continued success.

Next, Mayor Huang recognized Stefano's Golden Baked Hams as the Business of the Quarter for the 3rd Quarter of 2021. Frank Stefano, owner of the restaurant, was invited to the podium to accept the recognition and to say a few words. Mr. Stefano spoke about his business and expressed his gratitude to the Council and the community.

Mayor Huang welcomed Sharon Byrne, Vice President of United Nations Association of Santa Barbara and Tri-Counties via Zoom. Ms. Byrnes shared a PowerPoint presentation on The Housing Crisis: A Global Problem. Her presentation covered the financialization of housing and the pushing out of residents, profitization of housing and the problems of speculative demand. She spoke about housing in Korea, China, New Zealand, London, Barcelona, Berlin and Canada - discussing issues behind their housing shortage and how they are trying to ease the shortage. Ms. Byrne said possible solutions for cities to consider are anti-displacement legislation to stop pushing people out, anti-speculation legislation to curb the impacts institutional investors have on the market and exploring opportunities to increase affordable housing supply. 

Council thanked Ms. Byrne for the informative presentation. 

Dottie Jensen, Yorba Linda Woman’s Club Director of Finance, said their Craft Fairs are a source of funding for their scholarship program and philanthropic efforts throughout the year. Unfortunately, the Club did not host a craft fair on three occasions over the course of the pandemic and were therefore in dire need of funds. In order to raise money, the Club had the idea of seeking donated items from the community, and in turn, taking the items to Savers for money. She said the Club was hoping for 2,500lbs of soft goods, but they ended up receiving a total of 9,310lbs (450 bags) of items, netting them $1,900. She said the Yorba Linda Woman's Club would not have been able to accomplish this without the assistance of the Orange County Sheriff's Department and the Explorer Program who helped transport the donated items. She thanked Deputy Luke Sapolu, Deputy Amie Giusiana, Explorer Sergeant Ashlynne Burk, Explorer Corporal Jaden Caderao, Explorer Anthony Macias and Explorer Mason Aed, whom was not in attendance, for their hard work and presented them a certificate of recognition.

Mayor Huang stated that Councilman Gene Hernandez will abstain from Consent Calendar Item 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.

  • Resolution:
    Moved byCampbell
    Seconded byHaney

    That the City Council approve the Consent Calendar.

    AYES (5)Rodriguez, Hernandez, Haney, Campbell, and Huang
    CARRIED (5 to 0)
  • Resolution:

    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.

  • Resolution:

    It is recommended that the City Council receive and file the accounts payable check register dated October 19, 2021, in the amount of $2,464,575.41.

  • Resolution:

    That the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the October 5, 2021 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

  • Resolution:

    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.

  • Resolution:

    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.

  • Resolution:

    It is recommended that the City Council authorize the City Manager to execute an agreement with the Coalition for Controlling Insurance Costs in California Schools (CICCS) Trust for the provision of employee vision benefits.

  • Resolution:

    It is recommended that the City Council award: 1.) A three-year professional services agreement to Willdan Financial Services for the preparation of the Street Lighting and Landscaping Maintenance Assessment District (LMAD) Annual Engineer’s Report for FY 21/22 through FY 23/24 in the amount not-to-exceed $120,420, subject to a Consumer Price Index (CPI) increase starting in FY 23/24, with two (2) one-year extension options at the City Council’s discretion; and 2.) As part of the agreement Willdan Financial Services to research and prepare a supplemental engineers report(s) as needed in anticipation of Proposition 218 votes in an amount not to exceed $36,000 during the contract term.

  • Resolution:

    It is recommended that the City Council: 1.) Authorize the proposed concrete pavement, a domestic water service line, a 4-inch sewer lateral, and a recreation room within, along, and in close proximity to the City’s storm drain easement at 17966 Anna Marie Road; and 2.) Determine such encroachments will not adversely impact the City’s easement, City’s facility, or general public safety; and 3.) Require the homeowner to execute a Declaration of Restrictive Covenant Agreement pursuant to City Council Policy E-5.

  • Resolution:

    It is recommended that the City Council:

    1) Authorize improvements within the City’s Palm Avenue roadway easement at 19404 Via Del Caballo. Improvements include:

    • recently constructed six-foot (6’-0”) combination wall/fence
    • new six-foot (6’-0”) tall vehicular gate
    • existing paved sidewalk, paver driveway, trees, shrubs and other landscaping, irrigation, rocks/boulders, and cobble drainage swale; and

    2) Determine such encroachments will not adversely impact the City’s easement, City’s facility, or general public safety; and

    3) Require the homeowner to execute a Declaration of Restrictive Covenant Agreement pursuant to City Council Policy E-5.

  • Resolution:

    It is recommended that the City Council: 1.) Authorize the proposed concrete paving, garden rosetta arches, and a bench to encroach within the City’s storm drain easement at 4002 Elsie Drive; and 2.) Determine such encroachments will not adversely impact the City’s easement, City’s facility, or general public safety; and 3.) Require the homeowner to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.

  • Resolution:

    It is recommended that the City Council adopt Resolution No. 2021-5765, authorizing the submission of the City’s application for the Comprehensive Transportation Funding Program (CTFP) for the Yorba Linda Boulevard/Weir Canyon Road Corridor RTSSP Project.

  • Resolution:

    It is recommended that the City Council adopt Resolution No. 2021-5764, to vacate the public utility easement for storm drain and sanitary sewer purposes located on parcel 3 of Parcel Map 90-144 (APN 343-522-10), Short Street.

  • Resolution:

    It is recommended that the City Council: 1.) Award the proposed Fleet Maintenance Service Contract to Yorba Linda Mobil Service Center with the total contract price of $89,769.96 (or approximately $33,663.74 per year), that includes an initial term between November 2, 2021, through June 30, 2024; and reject all other bids and approve the bid documents and specifications; and 2.) Authorize the Mayor to execute the proposed contract and authorize the City Manager to execute and approve contract extensions including any authorized increases, as provided for within this agreement.

  • Resolution:

    It is recommended that the City Council approve a Professional Service Contract with Willdan Engineering in the amount of $103,343 to provide Construction Management and Inspection services for the Fiscal Year 2020-21 Annual Pavement Preservation Project (APPP).

  • Resolution:

    It is recommended that the City Council approve: 1.) Execution of Purchase Order with John Deere for a purchase of various groundskeeping vehicles and equipment in the approximate amount of $646,214; 2.) Execution of Purchase Order with Toro for purchase of various mowing vehicles and equipment in the approximate amount of $564,659; 3.) Execution of Purchase Order with Club Car for purchase of a clubhouse transportation vehicle in the approximate amount of $22,665; 4.) Posting of the RFP on the City website and authorize Finance Director to award bid to lender with lowest financing cost; and 5.) Harrell & Company Advisors to assist with the financing documentation.

  • Resolution:

    It is recommended that the City Council: 1.) Approve the contract agreement with NV5 for Interim Public Works Inspection Services; and 2.) Appropriate $80,000 from the General Fund to the Public Works Department Operating Budget.

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

b.   Staff Report 

David Brantley, Community Development Director, provided a staff report via Zoom. He said Artashes Balyan (d.b.a. Sunset Recycling), is requesting a conditional use permit to establish and operate a recycling collection facility consisting of a single, self-enclosed, transportable unit along the front south elevation of the Costco building. He said the City had explained that the City's strong preference would be that the facility be located at the rear of the property to minimize impacts to aesthetics, customer parking, and parking lot circulation. Director Brantley said the applicant stated that placing the facility in the rear would not be economically favorable. At the August 11, 2021, Planning Commission meeting staff brought a resolution to deny the applicant’s request due to the negative impacts resulting from the proposed location in the front parking lot, approximately 300 feet east of the main entrance to Costco. Staff met with the applicant and a member of the Costco management team to further discuss. Costco and the applicant expressed that a location in the front parking lot, either at the previously proposed location along the south elevation of the building or the drive aisle north of the fuel pumps would be preferable. Ultimately, at the continued Public Hearing on September 15th, the Planning Commission adopted a resolution denying Conditional Use Permit 2021-25 – Sunset Recycling without prejudice by a 5-0 vote. Director Brantley said in the interim, staff contacted Costco to see if they would allow the use of the easterly boundary of their site, behind the main customer parking area, and spoke about the subsequent letter from Costco received October 11th indicating that they would concede to allowing that use unless Council approved the applicant's preferred location along the front of the building. 

Ashanti Mason-Warren, Assistant Planner showed photos of existing recycling center facilities at other cities; two located to the side or rear of shopping centers and one located in the front parking area of a shopping center and said these images exemplified the types of parking, circulation, and aesthetic impacts that are cause for concern at the Yorba Linda Costco site. 

c.   Take Testimony
        1.) Appellant 

Mr. Balyan, the applicant, who is also the appellant, spoke via Zoom and said his business has the proper experience to operate at this location. He said the location has been well thought out and operation has been planned for months. He said 95% of his facilities are located at the front or side of the facility and expressed safety concerns with being located in the back due to zero visibility. Mr. Balyan said Costco also respectfully requested a location not in the rear of the building as that would create concerns with trucks and deliveries. He said no one has attended a prior hearing to voice concerns with the proposed location. 

        2.) Project Applicant 

Same as above.

        3.) Public Comment 

Richard de Bruijn, resident, agreed there is a need for a recycling center and favors recycling, but agrees with the Planning Commission decision. He said he also agrees that fewer parking spaces would make shopping there more difficult and create more traffic. He hopes a solution can be found.

        4.) Rebuttal by Applicant, If Required 

Mr. Balyan reiterated that he has first-hand experience with how these recycling facilities work and is confident his operations will be useful for the community. He believes Yorba Linda residents should be able to recycle within their jurisdiction and asked for Council's consideration. 

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

e.   Make Determination

Councilman Hernandez asked about Sunset Recycling's hours of operation. He agreed with Mr. de Bruijn and said this is likely the busiest area in the City. He favors the concept but questions the location.

Mayor Huang asked the applicant if he has considered the Sprouts location across the street. Mr. Balyan said his partnership is with Costco, he doesn't have a partnership with all markets. 

Mayor Pro Tem Rodriguez inquired about the October 11th letter from Costco which indicates they are willing to concede to the recommended location by staff. He asked the applicant if he would be willing to open his facility towards the back with proper signage directing residents. 

Councilwoman Campbell said though Costco is willing to concede, the letter from Savi Ranch Property Holdings, LLC, received on October 6, 2021, expressed opposition, whether it is in the front of Costco or in the rear of Costco, and said they believe it should be on the Western side where the gas station is currently located. She said she is not willing to add to the traffic and congestion concerns at Costco. 

Mayor Huang reiterated that she would prefer for the facility to be located within the Sprouts parking lot. She said the City welcomes good partnerships and recycling, but she does not see how this would be feasible in this particular Costco parking lot. 

A lengthy conversation ensued among Council regarding traffic and safety concerns with the proposed locations. 

  • Resolution:
    Moved byHernandez
    Seconded byCampbell

    It is recommended that the City Council adopt Resolution No. 2021-5766 upholding the Planning Commission’s decision to deny Conditional Use Permit 2021-25 – Sunset Recycling based on the location proposed by the applicant. 

    AYES (5)Rodriguez, Hernandez, Haney, Campbell, and Huang
    CARRIED (5 to 0)

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

b.   Staff Report 

Assistant Planner Mason-Warren said this item was previously before Council on April 7, 2020. However, given that this was the beginning of the COVID-19 pandemic, Mayor Haney, at the time, requested the item be continued until the public was able to return to regular in-person Council meeting attendance and is therefore now before Council again. He said adoption of the ordinance would approve Zoning Code Amendment 2019-02 Community Care Facilities, to require a minimum separation standard for large community care facilities.  In response to the growing number of community care facilities and group homes in Orange County, the City of Costa Mesa and the County of Orange have recently adopted new ordinances requiring a minimum separation standard for certain types of community care facilities and group homes. These ordinances and separation standards are intended to protect residential neighborhoods from negative externalities associated with the overconcentration of these facilities and provide the respective jurisdictions with more effective means to track and regulate community care facilities and group homes. In a review of the City’s existing ordinance related to regulations and standards for Community Care Facilities, staff has identified that a prescriptive minimum separation standard that could be applied to large community care facilities, those with seven or more residents, to better protect residential neighborhoods from overconcentration and provide greater regulatory authority. Currently, the zoning code requires a minimum of 500 feet separation for large family day care homes from other large day care homes. This is intended to reduce negative externalities such as traffic and noise; for similar reasons, staff believes it's a good idea to incorporate a separation standard for new large community care facilities and recommends a separation requirement of 650 feet.

c.   Take Testimony

No public comments.

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

e.   Make Determination

Mayor Pro Tem Rodriguez inquired about the origins of this reform and asked if staff conducted any outreach to community care facilities. City Manager Pulone stated this is a proactive measure as this has been a significant problem in other locations in the County. The City however does not have facilities that would currently fit this category.

Councilwoman Campbell says she is familiar with these issues because she has dealt with them on the County level, and expressed her appreciation to staff for the proactive measure.

Councilman Hernandez said this was a popular topic among local jurisdictions early in the pandemic and said he supports this proactive measure. A lengthy conversation ensued among Council regarding the difficulty other jurisdictions have faced with drug and alcohol centers and insurance issues. Councilwoman Haney indicated that these facilities are in residential neighborhoods and people are often released due to insurance, whether or not the person has recovered, and can contribute to homelessness. 

Mayor Pro Tem Rodriguez inquired if this ordinance would impact access to elderly care and expressed interest in staff conducting outreach to such facilities to assess any potential inadvertent impacts.  

Councilwoman Campbell said this would not impact facilities with six or fewer. A lengthy conversation ensued among Council regarding the proposed separation standard and the types of new facilities this would be applicable to.

  • Resolution:
    Moved byCampbell
    Seconded byHernandez

    It is recommended that the City Council approve for first reading Ordinance No. 2021-1086 approving Zoning Code Amendment 2019-02 Community Care Facilities, to require a minimum separation standard for large community care facilities.

    AYES (5)Rodriguez, Hernandez, Haney, Campbell, and Huang
    CARRIED (5 to 0)

City Manager Pulone had no comments.

Councilman Hernandez thanked Parks and Recreation for the wonderful Senior Wellness Expo. He also thanked OCFA for their informative fire alarm and situational awareness demonstration. He said he and Mayor Huang attended a wildfire workshop at the Community Center.

Mayor Pro Tem Rodriguez thanked staff and the Chamber for all their work in preparation of the Mayor's State of the City Address tomorrow. He said he is looking forward to being able to reflect on all the great things that are happening throughout the City.

Councilwoman Haney announced that the City and Republic Services will be giving residents free compost on Saturday, October 30th from 8 a.m. to 10:30 a.m. at Tri-City Park (2301 N Kraemer Boulevard, Placentia, 92870). The free compost is limited to a first come first serve basis and proof of Yorba Linda residency will be required. She urged residents to visit the City's website for more information.

Mayor Huang said the League of California Cities recognized the North SPA (North Orange County Service Planning Area) cities with the Helen Putnam Innovation Award for the Navigation Center which aims to transition homeless off of the street and into permanent housing. She said several Mayors from local cities gathered in Buena Park to accept that award for their collaboration. She welcomed the International Bridge, Tunnel and Turnpike Association (IBTTA); she said over 700 international people from all over the United States met in Orange County and also attended the Richard Nixon Presidential Library & Museum for one of their receptions. She said this was a great opportunity to showcase what the City has to offer. Mayor Huang concluded by announcing that the State of the City Address tomorrow is sold-out, but encouraged those that are interested to watch via Facebook Live, she also said that tomorrow is Councilman Hernandez's birthday and congratulated him in advance. 

Mayor Huang adjourned the meeting at 8:39 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on November 2, 2021.

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