CITY OF YORBA LINDA. Land of Gracious Living

Transcription

1 CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES JULY 21, 2015 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 4:30 P.M. CALL TO ORDER The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 4:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Hernandez, Huang, Lindsey, Schwing, Young Litfin, Pulone PAGE 1

2 ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY MANAGER Government Code Section B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APNS: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and City Negotiators: City Manager Pulone Property Negotiators: Zelman Retail Partners, Inc. Under Negotiation: Purchase and Sale Agreement/Price and Terms C. 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 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: Imperial Highway and APNS: ,13,14,15 City Negotiators: City Manager Pulone Property Negotiators: Parties To Be Determined Under Negotiation: Price and Terms of Payment PAGE 2

3 E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section (d)(2) (3 cases) City Attorney Todd Litfin stated that as consistent with previous practice, Councilmembers Huang, Lindsey, and Young would be recusing themselves because they have a potential conflict under Government Code section for the matters listed. PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 4:31 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 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Hernandez, Huang, Lindsey, Schwing, Young Brown, Christian, Harris, Kudron, Lagaret, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE City Manager Mark Pulone INVOCATION Religious Director Mahamoud Harmoush, Islamic Center of Yorba Linda CLOSED SESSION REPORT City Attorney Litfin said there was no reportable action taken on the Closed Session items. INTRODUCTIONS & PRESENTATIONS RECOGNIZING JULY AS PARKS AND RECREATION MONTH WITH PROCLAMATION RECEIVED BY COMMISSIONER TARA CAMPBELL Mayor Hernandez presented a proclamation to Parks and Recreation Commissioners Tara Campbell and Stewart Rixson declaring the month of July as Parks and Recreation month. Parks and Recreation Commissioner Campbell thanked staff for all their hard work and encouraged the public to visit City parks. She also expressed gratitude to Council for the recognition of Parks and Recreation month. PAGE 4

5 YORBA LINDA WATER DISTRICT QUARTERLY UPDATE GIVEN BY PRESIDENT RIC COLLETT Mike Beverage, Yorba Linda Water District (YLWD) Vice-President, gave an update on the water usage and drought measures for the City of Yorba Linda. He said that the YLWD reported 38% conservation to the State Water Resources Control Board for the month of June. He also spoke about the steps that the YLWD has taken to achieve Governor Brown s mandates, along with the proposed water/sewer rate increases for the next five years. Council discussion ensued with Mr. Beverage. YORBA LINDA CHAMBER OF COMMERCE QUARTERLY UPDATE AND RECOGNITION OF OUTGOING PRESIDENT LYNN MELTON Mayor Hernandez presented Lynn Melton with a Certificate of Recognition for serving as President of the Yorba Linda Chamber of Commerce from 2014 to Ms. Melton thanked Council for the acknowledgement and presented them with a thank you gift. Jim Withrow, Chamber of Commerce President, gave a quarterly report of the upcoming Chamber of Commerce goals, events, revenues, and relationships formed when becoming a member. UPDATE OF LAW ENFORCEMENT SERVICES GIVEN BY CHIEF OF POLICE SERVICES, LT. LANE LAGARET Chief of Police Services Lt. Lane Lagaret provided a PowerPoint presentation and gave an update of law enforcement services for the month of June. PUBLIC COMMENTS Pat Nelson, resident, addressed her opinions on Item No. 7 of the Consent Calendar, and asked for clarification on City codes and ordinances. She said that she was concerned with motorhome parking on residential streets for more than 72 hours. She also stated how horrible the traffic and security measures were during the recent house fire near her home. Paulette Byrne, resident, mentioned the Orange County Register newspaper article referenced by a Councilmember at the last meeting in June regarding Yorba Linda being the third largest water consumer in Orange County. She said she was appalled by the comments made and addressed her concerns on the matter. Kay Dotson, resident, voiced her opinions on the housing developments in the City, and encouraged Council to do what is right and equitable when it comes to decisions for the community. PAGE 5

6 Eddy Jackson, resident, spoke about the upcoming water rate increases and voiced his concerns on the matter. Judy Murray, resident, stated that the Rancho Dominguez Community Association received a penalty fine from the Yorba Linda Water District. She also shared an article from the L.A. Times regarding drought tolerant and native plants. Susan Correll, resident, stated that the slopes along Camino de Bryant have overgrown weeds and dirt, therefore, she asked that the City stop watering those areas to prevent any damage. RECESS: Mayor Hernandez called a recess at 7:58 p.m. and reconvened the meeting at 8:06 p.m. PUBLIC HEARINGS WERE TAKEN AT THIS TIME BUT PRESENTED IN THEIR RESPECTIVE PLACE ON THE AGENDA Mayor Hernandez asked Southern California Edison (SCE) representative Pat Buttress to address the relocation of SCE facilities. Pat Butress, Southern California Edison representative, spoke about undergrounding utilities and said that it is very cost prohibitive. CONSENT CALENDAR Councilmember Huang abstained from Item No. 4, Minutes of the June 16, 2015 City Council meeting, since she was not in attendance at that meeting. It was MOVED/SECONDED YOUNG/SCHWING - to approve the Consent Calendar with Councilmember Huang s abstention from Item No. 4. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young 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. PAGE 6

7 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 MINUTES OF THE JUNE 4, 2015 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY BUDGET WORKSHOP AND JOINT MEETING The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the minutes of the June 4, 2015 City Council/Successor Agency to the Yorba Linda Redevelopment Agency budget workshop and joint meeting. 4. APPROVAL OF THE MINUTES OF THE JUNE 16, 2015 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 June 16, 2015 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 5. TREASURER'S REPORT - MAY 2015 The City Council received and filed this report. 6. RESOLUTION NO OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER PRIVATE PROPERTY AT HUTCHINGS DRIVE IN THE CITY OF YORBA LINDA CONSTITUTES A PUBLIC NUISANCE The City Council adopted Resolution No , to hold a public hearing to ascertain whether private property located at Hutchings Drive in the City of Yorba Linda constitutes a public nuisance. 7. AGREEMENT WITH SOUTHERN CALIFORNIA EDISON (SCE) FOR RELOCATION OF SCE FACILITIES ON BASTANCHURY ROAD BETWEEN LAKEVIEW AVENUE AND EUREKA AVENUE The City Council approved the agreement with Southern California Edison (SCE) for the relocation of SCE's facilities on Bastanchury Road between Lakeview Avenue and Eureka Avenue; and appropriated $300,000 from the unencumbered Measure M2 fund balance. 8. ASSIGNMENT AND ASSUMPTION OF CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR REAL PROPERTY LOCATED AT 4832 SCHOOL STREET AND 4841 VALENCIA AVENUE (APN'S , 10) The City Council approved the Assignment and Assumption of California Residential Purchase Agreement and Joint Escrow Instructions for the PAGE 7

8 acquisition of real properties at 4832 School Street and 4841 Valencia Avenue in Yorba Linda. 9. ADOPTION OF RESOLUTION NO CONCERNING APPROVAL OF THE THIRD AMENDMENT TO OCFA JOINT POWERS AUTHORITY AGREEMENT - ELIMINATION OF ALTERNATE DIRECTORS The City Council adopted Resolution No , approving the Third Amendment to the Orange County Fire Authority (OCFA) Joint Powers Authority amended Joint Powers Authority Agreement, and authorized its execution. 10. DEMOLITION REQUEST FOR 6022 FOXFIELD LANE The City Council approved the demolition permit request for 6022 Foxfield Lane. 11. SETTLEMENT AGREEMENT WITH PROPERTY OWNER AT BASTANCHURY ROAD The City Council approved the settlement agreement with the property owner at Bastanchury Road. 12. ACCEPT PUBLIC IMPROVEMENTS AND RELEASE BONDS, YORBA LINDA MEDICAL CENTER CUP , BMI HOLDINGS LP The City Council authorized the City Clerk to release the Faithful Performance and Labor and Materials bonds in the original amounts of $89, RESOLUTION NO DECLARING SUPPORT FOR THE NORTH ORANGE COUNTY CITIES ENERGY PARTNERSHIP The City Council adopted Resolution No , declaring support for an energy partnership between Southern California Edison Company, Southern California Gas Company, and the City of Brea to be known as the "North Orange County Cities Energy Partnership." 14. TOWN CENTER SPECIFIC PLAN ADMINISTRATIVE AMENDMENT NO. 1 The City Council received and filed the report. 15. RESOLUTION NO OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER THE PRIVATE PROPERTY LOCATED AT CARDIFF DRIVE IN THE CITY OF YORBA LINDA CONSTITUTES A PUBLIC NUISANCE The City Council adopted Resolution No , to hold a public hearing to ascertain whether the property located at Cardiff Drive in the City of Yorba Linda constitutes a public nuisance. PAGE 8

9 16. CHANGE ORDER NO. 1 TO AMERICAN ASPHALT SOUTH, INC. FOR THE ZONE 6 FISCAL YEAR ANNUAL PAVEMENT PRESERVATION PROGRAM The City Council approved and authorized the City Manager to execute Change Order No. 1 in the amount of $44, to American Asphalt South, Inc., for the Zone 6 Fiscal Year Annual Pavement Preservation Program. PUBLIC HEARINGS End of Consent Calendar 17. RESOLUTION NO , ORDERING THE COSTS FOR CERTAIN IMPROVEMENTS IN THE CITYWIDE YORBA LINDA LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT TO BE RAISED THROUGH INSTALLMENTS OVER A PERIOD OF YEARS, THE CONFIRMATION OF THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR FOR THE CITYWIDE YORBA LINDA LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT, THE OVERRULING OF ALL PROTESTS CONCERNING THE ASSESSMENTS, THE LEVY OF THE ASSESSMENTS CONFIRMED HEREIN; AND THE EXECUTION OF AN AGREEMENT WITH THE COUNTY FOR COLLECTION OF ASSESSMENTS City Attorney Litfin stated as discussed at the last discussion of the LMAD matter, that under the Political Reform Act, individuals who are involved in actions that impact their real property can potentially have a conflict of interest. City Attorney Litfin stated that because the Engineer s Report divides the City into smaller zones with different LMAD assessments, all Councilmembers had a potential conflict of interest because they owned real property in various zones as follows: Mayor Hernandez lives in sub-zone L-2G and arterial landscaping zone A5. Councilmember Huang lives in sub-zone L-5B and arterial landscaping zone A6. Mayor Pro Tem Lindsey lives in sub-zone L-2G and arterial landscaping zone A5. Councilmember Schwing lives in sub-zone L-2I and arterial landscaping zone A2. Councilmember Young does not live in a local sub-zone but lives within arterial landscaping zone A8. Mr. Litfin said, however, the City is allowed under the Rule of Necessity/Rule of Legally Required Participation to establish a quorum for this item which the Council must take action. Under the rules once a Councilperson starts participation on the matter, the same Councilperson continues throughout the process on the matter. Because Councilmembers Young and Huang were recused at the prior discussion of this matter they both would be recused again, PAGE 9

10 and Mayor Hernandez, Mayor Pro Tem Lindsey and Councilman Schwing under the rules could continue to participate on the matter. Councilmember Huang and Councilmember Young left the dais. a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report Public Works Director/City Engineer Wolfe gave a brief overview of the staff report and noted that five pages including the title page of the report were revised due to an error. c. Take Testimony Eddy Jackson, resident, gave a PowerPoint presentation on how the Engineer s Report does not comply with the law governing assessments. He asked Council to stop assessing parcel owners for general benefits, maintaining areas of no public benefit, and maintaining private property with no landscape easement. Mr. Jackson read a statement, for the record, that the City of Yorba Linda fails to separate and quantify general benefits from special benefits. There is no discussion and there is no analysis of general benefits. Kay Dotson, resident, provided a PowerPoint presentation regarding assessment issues in L-2J and inequities in the Landscape Maintenance Assessment District, and addressed her opinions on the matter. Ray Button, resident and Rancho Dominguez Patio Homes Community Association President, stated that the Association formally protests the two local zone assessments for L-2I and L-2J. He said that they are being assessed for special benefits that are actually general benefits, therefore, not assessable. Cindy Beyl, resident, stated that she is convinced that the LMAD is not entirely legal nor fair and consistent across the City. She referenced the protest letter filed on behalf of the residents of the Legacy at Bryant Ranch. Mark Stowell, resident, said that many areas within the LMAD should be removed being that they are not a public benefit. He said the hidden areas behind homes or backyards should be maintained by the property owners. He also addressed past Council decisions that put the current state of the LMAD where it is today. Judy Murray, resident, spoke on behalf of the Rancho Dominguez Community Association to formally protest the LMAD assessments for various reasons, and voiced her opinions on the matter. Brian Millsap, Legacy at Bryant Ranch Homeowners Association President, asked Council a series of questions pertaining to the Willdan Financial Services Street Lighting and Landscaping Maintenance assessments within the Engineer s report. PAGE 10

11 Ed Rakochy, resident, encouraged Council to comply with the law and do the right thing. d. Close Public Hearing Mayor Hernandez closed the public hearing. e. Make Determination It was MOVED/SECONDED LINDSEY/HERNANDEZ - to approve the changes to the 2015/16 Engineer's Report for the Local Lighting Zone as outlined in the updated sheets to the Report; adopt Resolution No , pursuant to the provisions of the Landscaping and Lighting Act of 1972, ordering that the costs for certain improvements in the citywide Yorba Linda Lighting and Landscaping Maintenance District shall be raised through installments over a period of years, confirming the diagram and assessments for Fiscal Year for the citywide Yorba Linda Lighting and Landscaping Maintenance District, overruling all protests concerning the assessments, and levying the assessments confirmed herein; and approve the agreement with the County of Orange for the collection of special assessments. A lengthy Council discussion ensued with Jim McGuire, Willdan Financial Services Senior Assessment Project Manager, and staff. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Lindsey, Schwing Huang, Young Councilmember Huang and Councilmember Young returned to the dais. 18. APPEAL OF PLANNING COMMISSION DENIAL FOR CONDITIONAL USE PERMIT AND DESIGN REVIEW VERIZON WIRELESS a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report Community Development Director Harris stated that the applicant asked to continue the public hearing to the next regularly scheduled Council meeting. He said it was Council s discretion on whether to take public testimony tonight and continue with the public hearing to the next meeting at the applicants request. c. Take Testimony 1. Appellant - 2. Project Applicant Terri Grisenti, Coastal Business Group Inc., stated that her company took over the Verizon Wireless project one week after the Planning Commission s denial hearing. She said that the original design was not PAGE 11

12 characterized accurately in the materials that were presented and provided Council with a better photo representation of what the site should look like. 3. Public Comment Michael Green, resident, said that he was opposed to the installation of the Verizon Wireless telecommunications receiver due to the unsightly view he will have from his family room. He also brought a mock up of what the receiver would look like. 4. Rebuttal by Applicant, If Required - d. Close Public Hearing Mayor Hernandez closed the public hearing. e. Make Determination It was MOVED/SECONDED YOUNG/HUANG - to adopt Resolution No , upholding the Planning Commission's decision to deny Conditional Use Permit and Design Review Verizon Wireless, without prejudice, such that the applicant may reapply for a conditional use permit for substantially the same use before the one-year time period. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young 19. ZONING CODE AMENDMENT COMMUNITY CARE FACILITIES a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report Community Development Director Harris gave an overview of the staff report. He introduced Senior Planner Greg Rehmer who provided a detailed overview of the Zoning Code Amendment for Community Care Facilities. c. Take Testimony Paul Swointek, resident, stated that homeowners associations (HOAs) do not allow community care facilities, and asked how this zoning code amendment would affect HOAs. City Attorney Litfin replied that HOA s contractually follow CC&Rs and should comply by their rules unless stated otherwise. d. Close Public Hearing Mayor Hernandez closed the public hearing. PAGE 12

13 e. Make Determination It was MOVED/SECONDED YOUNG/SCHWING - to approve for first reading Ordinance No , approving Zoning Code Amendment Residential Land Use Matrix (Table of the Zoning Code) to include allowance for Large Community Care Facilities as a conditionally permitted use in the residential zones and to amend the Community Care Facilities Matrix (Table of the Zoning Code) to include the RM-20 and RM-30 Zones. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young CITY MANAGER'S REPORT/MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Pulone addressed the public s concerns about motorhome parking on residential streets for more than 72 hours. He suggested that residents notify the Orange County Sheriff s Department immediately so they can monitor and notify the owner about the parking restrictions. City Manager Pulone stated that the pine tree moratorium is still in effect and that no pine trees are being planted on City property. Mr. Pulone also said that the City s tree pallet was currently being reviewed by a consultant and an update would be forthcoming in the near future. City Manager Pulone announced that the Bastanchury Road street widening construction will commence in the fall. City Manager Pulone stated that the Draft Environmental Impact Report for the Town Center is complete, and that a joint public hearing will take place tomorrow, July 22 nd with the Traffic and Planning Commissions. He informed the public that the 30-day public review period ends on August 3, City Manager Pulone announced that Dunkin' Donuts will be conducting business in Yorba Linda sometime next year and be located on the northeast corner of Yorba Linda Boulevard and Valley View Avenue. City Manager Pulone said that the City is accepting applications for the Citizen of the Year nominations which are due by September 10, Mayor Pro Tem Lindsey attended the Special Olympics Flame of Hope ceremony at the Richard Nixon Library on Monday, July 20, Mayor Pro Tem Lindsey stated that he just returned from Branson, Missouri and said that it reminded him a lot of Yorba Linda. PAGE 13

14 Councilmember Young attended the Transportation Corridor Agency (TCA) board meeting and addressed the inaccurate report released by the Orange County Grand Jury regarding TCA and several Joint Powers Authorities. He stated that the report focused on TCA having $4.5 billion dollars worth of public debt. He clarified that the money was acquired privately through bonds and 100% of Toll Road services. Mr. Young said that no tax funds are being used to pay off those loans. Councilmember Huang thanked the community for their well wishes for her speedy recovery from her recent surgery. Councilmember Huang said that she was ecstatic that Dunkin Donuts was opening their business in Yorba Linda. Councilmember Huang attended the Orange County Mosquito and Vector Control District board meeting and informed the public to be aware of free standing water to avoid mosquitoes that carry the West Nile virus. She also mentioned that residents should be cognizant of dead birds and also report them to the Vector Control. Mayor Hernandez attended the Special Olympics Flame of Hope ceremony at the Richard Nixon Library on Monday, July 20 th and said it was a wonderful event. Mayor Hernandez stated that he and City Manager Pulone went to the Camp Pendleton Marine Corp Base to witness the change of command for the City s adopted 11 th MEU. Mayor Hernandez commended OCFA Fire Division Chief Kris Concepcion for the Fire Authority s attentiveness to fires in this dry season, along with hosting public service announcements regarding drowning prevention. ADMINISTRATIVE REPORTS 20. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING Community Development Director Steve Harris gave a brief overview of the actions taken by the Planning Commission at their July 15, 2015 meeting. 21. WATER CONSERVATION UPDATE - JULY 21, 2015 REPORT Public Works Director/City Engineer Wolfe gave an overview of the staff report pertaining to the Public Works water conservation efforts. Kay Dotson, resident, asked that the appropriated funds for underfunded zones be a loan and not be taken from the General Funds so all of the taxpayers do not have to continue to subsidize those underfunded zones. Eddy Jackson, resident, agreed with the previous speaker and stated that people will be essentially paying a double tax. Council discussion ensued. PAGE 14

15 It was MOVED/SECONDED YOUNG/HUANG to direct staff to turn off the irrigation to turf areas maintained by the Landscape Maintenance Assessment District and the Public Works Operations and Maintenance Division and continue to maintain the trees in said areas; and appropriate $79,700 from the General Reserve fund to re-route irrigation lines in landscaped areas for some public street medians and street adjacent locations to avoid surface runoff of irrigation water. A SUBSTITUTE MOTION was made LINDSEY/SCHWING to direct staff to turn off the irrigation to turf areas maintained by the Landscape Maintenance Assessment District and the Public Works Operations and Maintenance Division and continue to maintain the trees in said areas; and use LMAD Reserve account funds, where available, and General Reserve funds for zones that are not fully funded to re-route irrigation lines in landscaped areas for some public street medians and street adjacent locations to avoid surface runoff of irrigation water. A lengthy Council discussion ensued. A SECOND SUBSTITUTE MOTION was made HUANG/YOUNG to direct staff to turn off the irrigation to turf areas maintained by the Landscape Maintenance Assessment District and the Public Works Operations and Maintenance Division and continue to maintain the trees in said areas. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young A lengthy Council discussion ensued regarding funding for re-routing irrigation lines to avoid excessive run-off, and fines that may be incurred by the Yorba Linda Water District. City Attorney Litfin reminded Council that a substitute motion was on the floor. After a comprehensive and detailed discussion, Mayor Pro Tem Lindsey WITHDREW the FIRST SUBSTITUTE MOTION. MOTION CARRIED ON THE ORIGINAL MOTION by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Young Lindsey, Schwing 22. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) PRIOR CITY COUNCIL DIRECTION City Manager Pulone gave a brief overview of the staff report. PAGE 15

16 RECESS: Mayor Hernandez called a recess at 10:40 p.m. and reconvened the meeting at 10:47 p.m. Public Works Director/City Engineer Wolfe provided a PowerPoint presentation on 12 of 46 locations of the 2010 LMAD list reviewed by the Landscape Maintenance Citizen Advisory Committee (LMCAC) for consideration of possible cessation of maintenance with the LMAD and non-lmad areas, and responded to Council questions. In response to a question from the Mayor on why only certain areas were selected, Landscape Maintenance Assessment District Manager Bruce Carleton said that the primary goal had been an equal distribution among the City and low public benefit. The following residents spoke in favor of the 17 recommendations reviewed by the LMCAC and staff regarding the current landscape and maintenance situations because of budget shortfalls and water use restrictions: Eddy Jackson, Judy Murray, and Kay Dotson Randy Kuroda, resident and Landscape Maintenance Citizen Advisory Committee Member, stated that he is not going to be at this Thursday's LMCAC meeting. He said that he submitted his comments to the committee and stated that he is struggling with what to do with the public improvements. Susan Decker, resident, thanked Council for maintaining the slopes and easements throughout the City. It was MOVED/SECONDED YOUNG/HERNANDEZ - to direct staff to return to the Landscape Maintenance Citizen Advisory Committee (LMCAC) to complete their review of the remaining 29 locations on the 2010 LMAD list; create a Council policy of how to review properties within the landscape maintenance assessment district and send out notification letters to the owners of the 17 properties already reviewed on the list; and re-agendize the 2010 LMAD list of locations for a future City Council date. A lengthy Council discussion ensued. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young PAGE 16

17 23. ADOPTION OF RESOLUTION NO CONCERNING RESOLUTION OF INTENTION TO APPROVE CALPERS CONTRACT AMENDMENT AND FIRST READING OF ORDINANCE NO FOR CALPERS CONTRACT AMENDMENT City Manager Pulone gave a brief summary of the staff report and responded to Council questions. It was MOVED/SECONDED YOUNG/SCHWING to adopt Resolution No , declaring its intention to approve an amendment to contract between the Board of Administration California Public Employees Retirement System and the City of Yorba Linda; and to conduct the first reading of Ordinance No , enacting Yorba Linda Municipal Code Section to amend the contract between the City of Yorba Linda and the Board of Administration of the California Public Employees Retirement System. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young 24. FISCAL YEAR AND OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS Councilmember Young suggested that Council address the Measure M2 funded projects this evening, but continue the remainder of the budget discussion to the next regularly scheduled meeting due to the late hour. Public Works Director/City Engineer Wolfe said that it was imperative that the meeting minutes and official record reflect action on the 2-year CIP and 7-Year CIP Budgets for Measure M2 projects as provided in Attachment 9 of the staff report. He stated in order to remain eligible for Measure M2 funds, Council will need to adopt a CIP budget for the City s proposed road projects over a seven year period. Finance Director/Assistant City Manager Dave Christian stated that the Measure M2 CIP budgets include the current two year funding, along with the unfunded CIP projects for the subsequent five years, for a total of seven years. It was MOVED/SECONDED HERNANDEZ/YOUNG - to approve the Measure M2 Funded Capital Improvement Program (CIP) Budget, Tier I and Tier II, for Fiscal Years and as well as the 7-year CIP Budget. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young PAGE 17

18 ADJOURNMENT Mayor Hernandez adjourned the meeting at 11:43 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on August 4, APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: August 4, 2015 /s/ Marcia Brown, City Clerk City of Yorba Linda PAGE 18