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, YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL FINANCING AUTHORITY JOINT MEETING MINUTES August 21, 2018 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. 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) City Attorney Todd Litfin stated that Councilman Tom Lindsey 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 City Attorney Litfin stated that Mayor Pro Tem 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 B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Case Number: City of Santa Ana v. City of Yorba Linda USDC 8:18-cv DOC-JDE C. 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 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS ,09 & City Negotiators: City Manager Pulone Property Negotiators: Parties to be Determined Under Negotiation: Price and Terms of Payment PAGE 2

3 E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS: , , City Negotiators: City Manager Pulone Property Negotiators: Parties To Be Determined Under Negotiation: Price and Terms of Payment F. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section Agency Designated Representatives: Employee Organizations: City Manager Pulone Yorba Linda Mid-Management Association; Yorba Linda Chapter of the Orange County Employees Association; and Department Heads PUBLIC COMMENT ON CLOSED SESSION ITEMS. CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:31 p.m. RECESS PAGE 3

4 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY, YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL FINANCING AUTHORITY JOINT MEETING RECONVENING AT 6:30 P.M. 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 6:30 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 Brantley, Brown, Catlett, Christian, Kovacs, Kudron, Kurimay, Litfin, Lixey, Maximous, Pulone PLEDGE OF ALLEGIANCE Councilwoman Beth Haney INVOCATION Lead Pastor Larry Mendenhall, Canyon Hills Friends Church CLOSED SESSION REPORT City Attorney Litfin stated there was no reportable action. City Attorney Litfin stated that Councilman Lindsey 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 City Attorney Litfin stated that Mayor Pro Tem 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 PAGE 4

5 INTRODUCTIONS & PRESENTATIONS PROCLAMATION RECOGNIZING SEPTEMBER AS PAIN AWARENESS MONTH RECEIVED BY U.S. PAIN FOUNDATION VOLUNTEER SHARI SUZUKI Mayor Gene Hernandez recognized September as Pain Awareness Month and invited Shari Suzuki, U.S. Pain Foundation Volunteer, to the podium to accept the Proclamation. Ms. Suzuki spoke about the U.S. Pain Foundation and thanked Council for the Proclamation. PUBLIC COMMENTS ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Leonard Rose, resident, spoke about Christian broadcast television and faith. Richard de Bruijn, resident, spoke about immigration and sanctuary cities. Cindy DeMint, resident, spoke about Ataxia, a degenerative neurological disorder that has affected her family and several others worldwide. She spoke about the Orange County 10 th Annual Walk N Roll to Cure Ataxia event on Saturday, September 15 th from 8:00 a.m. 12:00 p.m. at the East Lake Village Clubhouse & Lake and encouraged residents to attend. Kay Dotson, resident, spoke about water regulation and watering of Landscape Maintenance Assessment District (LMAD) easements. She also commented on illegal immigration and Ataxia. Lee Day, resident, spoke about the West Bastanchury 13-acre site and said it had been suggested to Council to place a moratorium on the construction of homes. She concluded her comments by speaking about the widening of the street, relocation of the transmission poles and the development of the new library. CONSENT CALENDAR It was MOVED/SECONDED CAMPBELL/HANEY to approve the Consent Calendar with a correction to page 11 of Item No 3. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Campbell, Haney, Hernandez, Huang, Lindsey PAGE 5

6 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 AUGUST 21, 2018 The City Council received and filed the accounts payable check register dated August 21, 2018 in the amount of $3,277, APPROVAL OF THE MINUTES OF THE AUGUST 7, 2018 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 August 7, 2018 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 4. TREASURER S REPORT JUNE 2018 The City Council: 1.) received and filed the monthly Treasurer s Report; and 2.) delegated investment responsibility to the City s Finance Director / City Treasurer for a period of up to one year. 5. FIFTH AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WITH EVERGREEN VILLAS LP The City Council acting as the Successor Agency to the former Yorba Linda Redevelopment Agency approved the Fifth Amendment to the Affordable Housing Agreement with Evergreen Villas LP. 6. APPROVAL OF FINAL TRACT MAP NO AND ACCEPTANCE OF SUBDIVISION IMPROVEMENT AGREEMENT AND BONDS, SHEA HOMES The City Council: 1.) approved and authorized the Mayor to sign the Subdivision Improvement Agreement; and 2.) approved Tract Map No and authorized the City Clerk to certify the record map upon completion of any technical corrections required by the City Engineer; and 3.) authorized the City Clerk to accept the following bonds: PAGE 6

7 Bond Amount Onsite Improvements: Performance Bond $719, Labor & Materials Bond $719, Offsite Improvements: Performance Bond $957, Labor & Materials Bond $957, Monumentation Bond $15, Grading Bond $117, CLAIM FOR DAMAGES KADEN BORTS The City Council denied the claim for damages filed by Kaden Borts. 8. AUTHORIZATION TO THE CITY MANAGER TO IMPLEMENT ACTIONS RELATED TO THE PURCHASE AND SALE AGREEMENT WITH IN-N-OUT BURGERS The City Council authorized the City Manager to implement actions related to the City's Purchase and Sale Agreement with ln-n-out Burgers. 9. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 10. 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 Ms. Day's comments regarding the development along Bastanchury Road. He said that the City is in the process of moving forward with a new library and arts center and stated that the library has its own funding source. City Manager Pulone said Bastanchury Road will continue to be improved upon and said that in addition to the expansion, there will be several traffic signals installed. PAGE 7

8 Mayor Pro Tem Campbell had no comments. Councilwoman Huang announced that the Asian Citrus Pest which was originally found in Florida has now been discovered in Yorba Linda. She urged residents to visit the City website for more information and updates. Councilwoman Huang further stated that although there has only been one West Nile Virus infection in Orange County this year the mosquito that carries Yellow Fever and the Typhus Flea are both on the rise. Councilwoman Haney spoke about her experience at the Tokyo Central soft opening and spoke highly of the store and products. She concluded her comments by announcing that she attended a fundraiser for Seneca, an adoption agency in Orange County. Councilman Lindsey spent the weekend in San Francisco and commented on their highdensity housing. He also attended the Tokyo Central soft opening, and the VolunTEEN Dinner that Parks and Recreation organized and said it was great to honor teen volunteers. Councilman Lindsey announced that on September 11th the Interfaith Council of North Orange County will have their annual 9/11 Light the Darkness Celebration event at Jessamyn West Park. Mayor Hernandez spoke about the car wash held on Saturday, August 18th by the Yorba Linda 11th MEU Association at Veterans Park which raised $2,000 in donations. He shared that the City Council held interviews earlier in the afternoon to fill the Parks & Recreation Commission vacancy and selected Rachel McLure to fill the position. Mayor Hernandez announced that the deadline to nominate a member of the community for the 2018 Citizen of the Year recognition is September 6, He also stated that the Orange County Fire Authority (OCFA) and Orange County Sheriff s Department have reached an agreement regarding joint air operations, and asked OCFA Division Chief Andy Kovacs to provide an update on the Holy Fire. Division Chief Kovacs, provided a brief update on the Holy Fire and said that it was 90% contained. ADMINISTRATIVE REPORTS 11. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH PACIFIC CASCADE GROUP FOR THE SALE OF VACANT, CITY-OWNED PARCELS LOCATED NORTH OF BASTANCHURY ROAD, BETWEEN CASA LOMA AVENUE AND EUREKA AVENUE (APN S , AND ) City Manager Pulone stated that as part of City Council s previous direction to sell the lower 13 acres of West Bastanchury Road the City hired a commercial broker to assist the sale of that property. PAGE 8

9 Colleen Callahan-Litfin, Project Manager provided a brief staff report of the proposals received and the purchase and sale agreement. She stated that the project is exempt from CEQA pursuant to 14 Cal. Code of Regs. Section (Class 12 Exemption) which states that government sales of surplus property are exempt. Kay Dotson, resident, said the report was not available on the website yesterday afternoon and wanted to know who will be responsible for telephone and light poles. Rick Nelson, resident, inquired if there will be access through the development from Bastanchury Road to Lakeview Avenue and commented on the risk to the City for the price of setting up the lots. City Attorney Litfin responded to Mr. Nelson s questions. He indicated that there will not be a road that goes through, he also clarified that the City is not taking a risk with the cost and if the City is not agreeable to the terms, the City does not have to accept the agreement. Public Works Director/City Engineer Max Maximous responded that the City is working with Michael Baker and Associates and they have initiated dialogue with Southern California Edison to address possible areas for utility undergrounding. City Attorney Litfin stated for the record that Section 2.2 Purchase Price of the agreement will be modified. Specifically, per lot will be added to line three after the purchase price of $921,000, and on the second to last line, the total amount of $21,183,000 will be added to reflect the cost of $921,000 x 23 residential lots. It was MOVED/SECONDED LINDSEY/HUANG to authorize the City manager to enter into the Purchase and Sale Agreement and Joint Escrow Instructions (PSA) with Pacific Cascade Group to sell vacant, City-owned land located north of Bastanchury Road, between Casa Loma Avenue and Eureka Avenue (APN#'s: , and 08, the "Property") and file a Notice of Exemption with the County. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Campbell, Haney, Hernandez, Huang, Lindsey ADMINISTRATIVE REPORT NO. 13 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA PAGE 9

10 12. DISCUSSION AND DIRECTION REGARDING ESPERANZA HILLS PROJECT City Attorney Todd Litfin stated that Councilman Tom Lindsey and Mayor Pro Tem Tara Campbell will recuse themselves from participating on this item because they have a potential conflict under Government Code Section City Manager Pulone said the application for the Esperanza Hills Project will be heard by the Orange County Planning Commission tomorrow. The City submitted copies of letters previously submitted in May of 2017 with the understanding that the City would not be able to obtain new comments from the City Council until tonight s meeting. City Attorney Litfin shared a PowerPoint presentation outlining the history of the project, access concerns and other issues surrounding the project design. Diane Kanne, resident, submitted a letter for the record, representing residents through the community group, Protect Our Homes and Hills. She highlighted several concerns with the project including access, rights, trail access and a preannexation agreement. Ms. Kanne urged Council to request that the County make substantive changes to the project layout and to recirculate the Environmental Impact Report (EIR). Kay Dotson, resident, inquired if the City representative attending the Orange County Planning Commission meeting will have an opportunity to speak. Brian Gass, resident, shared a video clip from a City Council meeting 10 years ago regarding the Esperanza Hills project and recourse options. Mr. Gass expressed his appreciation to the City for sending another letter and asked Council to be stern with the County. Paulette Byrne, resident, urged that a pre-annexation agreement be a condition of approval for the project. A lengthy conversation ensued among Council and staff regarding the circulation of the EIR and concerns with the project. It was MOVED/SECONDED HUANG/HANEY to direct staff to send a letter to the Orange County Planning Commission requesting that they recirculate the Environmental Impact Report containing Option 1A. Discussion ensued among Council and the public regarding the proposed bridge near an earthquake fault line, and recirculation of the EIR. Mayor Hernandez requested that a Department Head staff attend the Orange County Planning Commission and ask for answers regarding mitigation measures and lack of recirculation of the EIR. PAGE 10

11 Councilwoman Huang AMENDED THE MOTION/SECONDED BY HANEY - to direct staff to send a letter to the County of Orange Planning Commission requesting recirculation of the updated Environment Impact Report (Second Revised Final Environmental Impact Report) and notification and explanation from the County if the EIR is not recirculated. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Haney, Hernandez, Huang Campbell, Lindsey 13. APPOINTMENT TO THE BRIDGES AT KRAEMER PLACE COMMUNITY ADVISORY BOARD Mayor Hernandez said that two Council colleagues have expressed interest in the appointment and invited Councilwoman Haney and Mayor Pro Tem Campbell to speak. Councilwoman Haney and Mayor Pro Tem Campbell expressed their interest to serve as the City s representative to the Community Advisory Board of the Bridges at Kraemer Place. A lengthy conversation ensued among Council regarding the appointment. It was MOVED/SECONDED HERNANDEZ/HUANG to appoint Mayor Pro Tem Campbell to serve as the City s representative on the Orange County Bridges at Kraemer Place Community Advisory Board. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell, Hernandez, Huang, Lindsey Haney ADJOURNMENT Mayor Hernandez adjourned the meeting at 8:51 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on September 18, PAGE 11