CITY OF YORBA LINDA. Land of Gracious Living

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1 THIS MEETING IS BEING BROADCAST LIVE FOR AIRING ON CABLE CHANNEL 3, CHANNEL 99 AT&T U-VERSE AND THE CITY S WEBSITE. BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES JUNE 7, 2016 Pursuant to Government Code Section , No Matter Shall Be Acted Upon By the City Council/Successor Agency to the Yorba Linda Redevelopment Agency Unless Listed on the Agenda Which Has Been Posted Not Less Than 72 Hours Prior to the Meeting 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: 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) (1 Case) B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section (d)(4) (2 Cases) C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section (d)(1) (1 Case) Name of Case: Successor Agency to the Yorba Linda Redevelopment Agency et al. v. State of California et al. Case Number: D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , City Negotiators: City Manager Pulone Property Negotiators: Zelman Retail Partners, Inc. Under Negotiation: Purchase and Sale Agreement/Price and Terms 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 F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: Lemon Drive and APNS: , 09 City Negotiators: City Manager Pulone Property Negotiators: Orange County Fire Authority Under Negotiation: Price and Terms of Payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS: , City Negotiators: City Manager Pulone Property Negotiators: McDaniel Under Negotiation: Price and Terms of Payment H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APN: City Negotiators: City Manager Pulone Property Negotiators: Palmieri Tyler Under Negotiation: Price and Terms of Payment I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS: , 16 City Negotiators: City Manager Pulone Property Negotiators: Harry Schlitz, David Hutchison, and Howard Parsell Under Negotiation: Price and Terms of Payment PAGE 3

4 PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:31 p.m. RECESS PAGE 4

5 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: Staff Members: Brantley, Brown, Catlett, Christian, Kudron, Lagaret, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE Councilmember Gene Hernandez INVOCATION Bishop Justin Dalton, the Church of Jesus Christ of Latter-Day Saints CLOSED SESSION REPORT City Attorney Todd Litfin said there was no reportable action on the Closed Session items. INTRODUCTIONS & PRESENTATIONS RECOGNITION OF TROOP 779 BOY SCOUT MARK JORGENSEN Mayor Tom Lindsey presented a certificate of recognition to Mark Jorgensen for his heroic action of saving his 3 year old sister Tara from drowning and for receiving the Boy Scouts of America National Certificate of Merit. He also presented the Boy Scouts of America National Certificate of Merit to Mark Jorgensen. Boy Scout Mark Jorgensen s mother described the heroic event and thanked Council for giving recognition to her son. PAGE 5

6 ORANGE COUNTY FIRE AUTHORITY DROWNING PREVENTION PROCLAMATION RECEIVED BY BATTALION CHIEF CRAIG COVEY Mayor Lindsey presented a proclamation to Orange County Fire Authority Battalion Chief Craig Covey, proclaiming the City s participation in the Always Watch Your Child Around Water and Never Swim Alone campaigns. Battalion Chief Covey expressed the OCFA's appreciation for the City of Yorba Linda's participation in the drowning prevention campaigns and described preventative measures that residents and families should take to avoid drowning accidents. INTRODUCTION OF STAFF MEMBER MICHELLE ARNOLD, PAYROLL TECHNICIAN City Manager Mark Pulone introduced the new Deputy Payroll Technician, Michelle Arnold. SAFETY TIP GIVEN BY CHIEF OF POLICE SERVICES, LT. LANE LAGARET Lt. Lane Lagaret spoke about the Sheriff Department's Vacation Home Check service that residents and families are encouraged to utilize when planning a vacation. He also mentioned measures to take to prevent burglaries when out of town. PUBLIC COMMENTS ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Kevin Warner, District Chairman for Boy Scouts of America, spoke regarding the measurable impact Boy Scouts has on the participant s lives and the volunteer opportunities available in the program. Nancy Stevens, resident, spoke regarding the decision of the public hearing on the appeal of Conditional Use Permit Wilkens and the inconsistent Council actions of similar cases. Martin Stapleton, resident, spoke regarding the City's landscape issues and proposed a one hundred percent assessment increase rather than the three hundred percent assessment increase of Proposition 218. Susan Correll, resident, spoke regarding the reasons for Proposition 218 failing in multiple LMAD zones and requested Council to consider another LMAD vote on a one hundred percent assessment increase rather than a three hundred percent assessment increase. Marilyn Allen-Adams, Chair of the Yorba Linda Library Commission, spoke regarding the Yorba Linda Public Library's Summer Reading Program. Richard DeBruijn, resident, spoke regarding the City's funding for law enforcement services. PAGE 6

7 Marsha Dolbow, Main Street Merchants Association President, spoke regarding the 3rd Annual Celebrate Yorba Linda event that will take place on Saturday, June 25, Becky Moore, American Cancer Society representative, spoke regarding the Relay for Life of Yorba Linda - Placentia event on August 5-6, 2016 at Yorba Linda Middle School. Angela Waterman, Arts and Culture Collective representative, spoke regarding the Artist Village that will be at the Celebrate Yorba Linda event and this year's two Be Part of the Art projects. She also announced that a public input meeting will be taking place on June 18, 2016 at the Clubhouse in the Community Center from 4:30 p.m. to 6:30 p.m. Marie Barbera, resident, spoke regarding her opposition to a Proposition 218 re-vote for LMAD Zone L2P. Larry Goodenough, resident, spoke regarding LMAD landscape easement abandonment. Bobbie Cooper, resident, spoke regarding a Proposition 218 re-vote for LMAD Zone L2P. Pat Nelson, resident, spoke regarding temporary signage, trail maintenance issues, and project funding. Kay Dotson, resident, spoke regarding the City's Annual Pavement Preservation Program, development projects, and City spending practices. Laura Blossom, resident, spoke regarding residents being informed on the ramifications of a yes or no vote on Proposition 218. Susan Janowicz, General Manager for East Lake Village, spoke regarding the Willdan report and announced that the East Lake Village Boat Parade will be taking place on July 3, CONSENT CALENDAR Mayor Pro Tem Peggy Huang pulled Item No. 6 from the Consent Calendar. Mayor Lindsey pulled Item No. 7 from the Consent Calendar. Councilmember Craig Young pulled Item No. 9 from the Consent Calendar. PAGE 7

8 It was MOVED/SECONDED HERNANDEZ/SCHWING - to approve the Consent Calendar with the removal of Item Nos. 6, 7, and 9. 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 WARRANT LISTS The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the Accounts Payable Warrant Lists. 3. APPROVAL OF THE SPECIAL MEETING MINUTES OF THE MAY 17, 2016 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 Special May 17, 2016 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 4. APPROVAL OF THE MINUTES OF THE MAY 17, 2016 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 May 17, 2016 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 5. TREASURER S REPORT APRIL 2016 The City Council received and filed this report. 6. Removed 7. Removed 8. RESOLUTION NO APPROVING THE TEMPORARY CLOSURES OF MAIN STREET FROM IMPERIAL HIGHWAY TO LEMON STREET PAGE 8

9 The City Council adopted Resolution No , approving the temporary closures of Main Street from Imperial Highway to Lemon Street. 9. Removed 10. AWARD OF TRAFFIC SIGNAL MAINTENANCE SERVICES TO ST. FRANCIS ELECTRIC, LLC The City Council awarded a three-year Services Agreement with two (2) two-year extensions to St. Francis Electric, LLC for traffic signal maintenance in the amount not to exceed $150,000 per year. 11. ADOPTION OF RESOLUTION NO APPROVING TRANSFER OF EXXON/MOBIL PIPELINE FRANCHISE TO TORRANCE PIPELINE COMPANY, LLC The City Council adopted Resolution No , approving transfer of the ExxonMobil pipeline franchise to Torrance Pipeline Company, LLC, with conditions. 12. REPORT OF TRAFFIC COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 13. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. 14. COUNCIL COMMITTEE AND AGENCY REPORTS ITEM 6 The City Council received and filed this report. End of Consent Calendar AWARD OF CONTRACT TO WEST COAST ARBORISTS FOR ANNUAL TREE SERVICES Mayor Pro Tem Huang abstained due to personally knowing the owners of West Coast Arborists, Inc. It was MOVED/SECONDED YOUNG/SCHWING to award the tree services contract for Fiscal Year 2016/17 through Fiscal Year 2018/19, with three one-year extensions, to the lowest qualified bidder, West Coast Arborists (WCA), Inc., in the amount not to exceed $681,500 per year. MOTION CARRIED by the following roll call vote: PAGE 9

10 ABSTAIN: Hernandez, Lindsey, Schwing, Young Huang ITEM 7 SEVENTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE ORANGE COUNTY SHERIFF S DEPARTMENT Chief of Police Services Lt. Lane Lagaret explained that the agreement amendment includes an additional crime prevention specialist. Mayor Lindsey expressed his support for the addition of a crime prevention specialist to Lt. Lagaret s staff. It was MOVED/SECONDED LINDSEY/SCHWING to approve the seventh amendment to the agreement for law enforcement services with the Orange County Sheriff s Department, establishing the levels of service and costs for FY MOTION CARRIED by the following roll call vote: ITEM 9 FISCAL YEAR ANNUAL PAVEMENT PRESERVATION PROGRAM AWARD OF CONTRACT TO ROY ALLAN SLURRY SEAL, INC. Councilmember Young expressed his concerns on the budget for the program. Public Works Director/City Engineer Michael Wolfe explained the short fall in the allocated budget for the program. A discussion ensued between Council and staff regarding the program budget and the planned construction projects of the program. It was MOVED/SECONDED YOUNG/HERNANDEZ to award the construction contract to Roy Allan Slurry Seal, Inc. for the Fiscal Year Annual Pavement Preservation Program in the amount of $1,859,706.69; reject all other bids; and appropriate an additional $275,900 from Special Reserves to pay for the construction of the Fiscal Year Annual Pavement Preservation Program. MOTION CARRIED by the following roll call vote: PAGE 10

11 PUBLIC HEARING 15. FIRST READING OF ORDINANCE NO , ZONING CODE AMENDMENT CITY OF YORBA LINDA, TO MODIFY REGULATIONS PERTAINING TO VEHICLE SALES WITH ANCILLARY SUPPORT SERVICE FACILITIES WITHIN SAVI RANCH PD (PLANNED DEVELOPMENT) ZONE a. Open Public Hearing Mayor Lindsey opened the public hearing. b. Staff Report Community Development Director, David Brantley, gave a brief overview of the Savi Ranch Zoning Amendment, and introduced Project Manager Jamie Smith, who provided a PowerPoint presentation of the proposed zoning amendment, presented an overview of the staff report, and responded to Council questions. c. Take Testimony d. Close Public Hearing Mayor Lindsey closed the public hearing. e. Make Determination It was MOVED/SECONDED SCHWING/HUANG to approve for first reading Ordinance No approving Zoning Code Amendment , to amend the Yorba Linda Zoning Code to include allowance for vehicle sales with support service facilities as a conditionally permitted use in the Savi Ranch PD (Planned Development) zone, Support Commercial subarea. MOTION CARRIED by the following roll call vote: CITY MANAGER S REPORT/MAYOR S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Pulone responded to public comment and stated that staff would be happy to meet with residents regarding their concerns. He also reported that the communications consultant for the City's landscape transition design project will be at the June 21, 2016 City Council meeting. City Manager Pulone responded to residents requests for a Proposition 218 re-vote and said that City Council would be considering the matter. City Manager Pulone stated that a workshop was held a few months ago and explained that the signage policy process is currently with the Planning Commission. He added PAGE 11

12 that the City will be soliciting additional public input and the matter would then come before Council. City Manager Pulone provided an update on the median mulch project and when and how residents are able to provide input for the landscape transition plans. City Manager Pulone reported that the City is nearing completion of the update to the City's General Plan. He also stated that the draft EIR was released on May 27, 2016 and comments are due by July 12, Mayor Lindsey requested that staff explain how the Bryant Ranch Proposition 218 three hundred percent assessment increase was determined. Public Works Director/City Engineer Michael Wolfe explained the process of determining the assessment increase for Proposition 218 in the Bryant Ranch area. City Manager Pulone reported that earlier during a City Council special meeting, Council approved a letter to be sent to the City of Placentia in opposition to the City's proposed medical marijuana ordinance. Mayor Pro Tem Huang attended the Girl Scouts Silver Award ceremony. Mayor Pro Tem Huang extended her condolences to La Habra Councilman Tim Shaw and his family in the passing of his father. Councilmember Young addressed the City's constraints in determining an assessment increase for the LMAD zones. Councilmember Hernandez spoke about the LMAD assessments and expressed his desire to have the entire City look good. He also explained the reason for a large assessment increase at one time rather than spread over a period of time. Councilmember Hernandez recounted the impact the state s water restrictions has had on the City and expressed the City s need to change the landscape pallet and move to a drought tolerant landscape. Mayor Lindsey reported he will be absent at the June 21, 2016 City Council meeting. Mayor Lindsey commented on the letter the City of Yorba Linda sent to the City of Placentia regarding the proposed medical marijuana ordinance and voiced the City s opposition to the medical marijuana ordinance. Councilmember Hernandez reported that the League of Cities Public Safety Subcommittee does not support the City of Placentia's proposed medical marijuana ordinance and expressed his opposition to the ordinance. Councilmember Young commented on the relationships between councilmembers of various cities. PAGE 12

13 RECESS: Mayor Lindsey called a recess at 8:39 p.m. and reconvened the meeting at 8:55 p.m. ADMINISTRATIVE REPORTS ITEM NO. 19 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA 16. MODIFICATIONS TO CITY COUNCIL POLICY E-5 - ENCROACHMENT ONTO CITY-OWNED PROPERTY OR EASEMENT It was MOVED/SECONDED YOUNG/HERNANDEZ - to continue Item 16 to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on June 21, MOTION CARRIED by the following roll call vote: 17. POST PROPOSITION 218 BALLOTING ACTION FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) LOCAL LANDSCAPING ZONES L2L, L2P, L4A, AND L5A City Manager Pulone provided a brief overview of the staff report. Public Works Director/City Engineer Wolfe provided a PowerPoint presentation and additional information regarding the post Proposition 218 actions for LMAD Zones L2L, L2P, L4A, and L5A and responded to Council questions. Kay Dotson, resident, spoke regarding the potential re-vote for LMAD Zone L2P. Dr. Jack Kennis, resident, spoke regarding the terms deficit and subsidiaries being used to describe various LMAD zones. Judy Murray, resident, spoke regarding reasons for Proposition 218 failing in multiple LMAD Zones. A lengthy discussion ensued between the Council and staff regarding the re-vote for LMAD Zone L2P. It was MOVED/SECONDED YOUNG/HERNANDEZ to begin the process of a Proposition 218 re-vote for Landscape Maintenance Assessment District Zone L2P and to include in the cost of the re-vote the county fee for including LMAD Zone L2P in Fiscal Year 2016/17 assessments after the deadline. PAGE 13

14 It was MOVED/SECONDED YOUNG/HERNANDEZ - to (1) direct staff to apply the City Council approved LMAD Maintenance Location Guidelines for Deficit Zones ( Guidelines ) for Local Landscaping Zones L2L, L4A, and L5A starting in Fiscal Year FY 16/17 and report on further details at the August 2, 2016 Council meeting; and (2) direct staff to identify further actions required to reduce the overall annual expenditure of the Zone below the special assessment amount plus the General Benefit portion for Local Landscaping Zones L4A and L5A and report details at the August 2, 2016 Council meeting. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED HUANG/ HERNANDEZ - to direct staff to start the process to vacate existing easements on December 31, 2016 for private property in areas where the Guidelines are applied and the area is no longer to be maintained by the LMAD. Mayor Lindsey stated that he would be voting no for the reason that the long term ramifications of vacating existing easements on December 31, 2016 are not known. MOTION CARRIED by the following roll call vote: Hernandez, Huang, Schwing Lindsey, Young 18. FISCAL YEAR 2016/17 MID-TERM BUDGET UPDATE AND ADDITION OF FISCAL YEAR 2022/23 TO THE CAPITAL IMPROVEMENT PROGRAM TO REMAIN IN CONFORMANCE WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY RENEWED MEASURE M (M2) AGREEMENT It was MOVED/SECONDED YOUNG/HERNANDEZ - to continue Item 18 to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on June 21, MOTION CARRIED by the following roll call vote: PAGE 14

15 19. LANDSCAPE DESIGN CONCEPTS FOR DEMONSTRATION SITES ASSOCIATED WITH THE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) LANDSCAPE TRANSITION DESIGN PROJECT City Manager Pulone provided a brief overview of the staff report. Public Works Director/City Engineer Wolfe provided a PowerPoint presentation and additional information regarding the design concepts with the requested Council demonstration site additions to the Landscape Maintenance Assessment District Landscape Transition Design Project and responded to Council questions. David Kvancz, spoke on behalf of the City Landscape Maintenance Assessment District (LMAD) Oversight Committee for East Lake Village regarding the Oversight Committee's recommendation that the City Council approve the alternative staff recommendation. Randy Kuroda, resident, spoke regarding the funding plan of the Landscape Transition Design Project. Larry Goodenough, resident, spoke regarding the aggressive time schedule of the Landscape Transition Design Project. Dan Hildbrant, resident, spoke regarding the selected locations for the demonstration sites of the Landscape Transition Design Project. Kay Dotson, resident, spoke regarding the plants that are to be used for the demonstration sites of the Landscape Transition Design Project. Judy Murray, resident, spoke regarding the recommended plants for the demonstration sites of the Landscape Transition Design Project. Bill Schuller, resident, spoke regarding the ongoing maintenance of the demonstration sites. Pat Shieda, resident, spoke regarding the practicality of moving forward with the Landscape Transition Design Project as proposed. Susan Janowicz, General Manager for East Lake Village, provided a letter to Council and spoke regarding the funding plan for the Landscape Transition Design Project and the maintenance of the areas within East Lake Village that currently have dead grass. Richard DeBruijn, resident, spoke regarding the areas designated for the demonstration sites. PAGE 15

16 A lengthy Council and staff discussion ensued regarding the aggressive timeline of the project, funding plan, demonstration site and plant pallet selection, and long-term sustainability. It was MOVED/SECONDED LINDSEY/HUANG - to (1) approve the landscape design concepts for area 1 of demonstration sites 1, 2, and 3 associated with the LMAD Landscape Transition Design Project; (2) split the funding for the demonstration sites 50/50, 50% from the LMAD operating reserves and 50% from the City s General Fund; and (3) direct staff to finalize the bid documents and advertise the construction project for the demonstration project sites. MOTION CARRIED by the following roll call vote: Hernandez, Huang, Lindsey, Young Schwing ADJOURNMENT Mayor Lindsey adjourned the meeting at 11:31 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on June 21, APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: Marcia Brown, City Clerk City of Yorba Linda PAGE 16