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 JOINT MEETING MINUTES NOVEMBER 18, 2014 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 5:35 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Litfin, Pulone PAGE 1

2 ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY A. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section (d)(4) (2 cases) C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section (d)(2) (2 cases) PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:36 p.m. RECESS PAGE 2

3 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING RECONVENING AT 6:30 P.M. CALL TO ORDER The City Council/Successor Agency to the Yorba Linda Redevelopment Agency reconvened at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Anderson, Hernandez, Lindsey, Schwing, Young Staff Members: Brown, Calkins, Christian, Harris, Lagaret, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE Chief of Police Services Lieutenant Lane Lagaret INVOCATION Pastor Cliff Samson, First Baptist Church of Yorba Linda CLOSED SESSION REPORT City Attorney Todd Litfin stated that there was no reportable action taken on the Closed Session items. PUBLIC COMMENTS Richard de Bruijn, resident, spoke of the recent General Election results and addressed his opinions on the matter. Yafa Boyer, business owner, addressed her concerns about Consent Calendar Item No. 5, Zone 6 Fiscal Year Annual Pavement Preservation Program - Award of Contract to American Asphalt South, Inc. David Klehm, business owner, also spoke about Consent Calendar Item No. 5 and requested that Council pull the item for discussion. Lee Day, resident, asked to speak on Administrative Report, Item No. 15, Bastanchury Road Widening from Eureka Avenue to Lakeview Avenue Project Update. PAGE 3

4 Ken Peterson, resident, spoke about voter rights and disenfranchisement. Walter Bruckner, resident, said he enjoyed the invocation by Pastor Samson and congratulated the newly elected officials, Tom Lindsey and Peggy Huang. He also spoke about a homeowner s association meeting at the Eastlake Village community. Jon Hanson, resident, stated that he was fed up with the name calling and misstatements by members of the public at City Council meetings. He also congratulated Tom Lindsey and Peggy Huang for winning Council seats in the 2014 General Election. Pat Nelson, resident, said that the voters of Yorba Linda had spoken and congratulated Tom Lindsey and Peggy Huang. CONSENT CALENDAR Mayor Young pulled Item Nos. 5 and 8 from the Consent Calendar. Councilmember Anderson asked the City Clerk to enter a no vote on Consent Calendar Item No. 9, because he would prefer that all projects be put out to bid. It was MOVED/SECONDED HERNANDEZ/SCHWING - to approve the Consent Calendar with removal of Item Nos. 5 and 8, along with Councilmember Anderson s no vote on Item No. 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 MINUTES OF THE NOVEMBER 4, 2014 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the minutes of the November 4, 2014 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. PAGE 4

5 4. TREASURER'S REPORT - AUGUST 2014 The City Council received and filed this report. 5. Removed 6. AUTHORIZATION TO BEGIN PREPARATIONS FOR THE 2015 JULY 4TH FIREWORKS SHOW The City Council directed staff to initiate planning efforts for the 2015 July 4th Fireworks Show and authorized staff to execute payment to Pyro Spectaculars, Inc. in an amount not-to-exceed $20, SELECTION OF SPECIAL LEGAL COUNSEL PURSUANT TO YORBA LINDA MUNICIPAL CODE SECTION The City Council selected the law firm of Hanson Bridget as special legal counsel pursuant to Yorba Linda Municipal Code Section and authorized the City Manager to sign an agreement for such services with Hanson Bridget. 8. Removed 9. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT CONTRACT EXTENSION FOR CROSS-CONNECTION DEVICE TESTING SERVICES - TERRY'S TESTING, INC. The City Council approved a one-year contract extension for cross-connection device testing services between the Landscape Maintenance Assessment District (LMAD) and Terry's Testing, Inc. 10. FISCAL YEAR MEASURE M2 EXPENDITURE REPORT ITEM 5 The City Council adopted Resolution No , approving the Measure M2 Expenditure Report for FY and authorizing it for submission to the Orange County Transportation Authority. End of Consent Calendar ZONE 6 FISCAL YEAR ANNUAL PAVEMENT PRESERVATION PROGRAM - AWARD OF CONTRACT TO AMERCIAN ASPHALT SOUTH, INC. Upon request of Mayor Young, City Attorney Litfin responded to public comments and stated that he reviewed the material submitted by Mr. Klehm and concluded that there was not a non-responsible finding and that the low bidder was in fact responsive and responsible. PAGE 5

6 It was MOVED/SECONDED YOUNG/HERNANDEZ - to award the Zone 6 Fiscal Year Annual Pavement Preservation Program in the amount of $1,415, to American Asphalt South, Inc., and rejected all other bids. MOTION CARRIED by the following roll call vote: ITEM 8 MORTGAGE ASSISTANCE PROGRAM Mayor Young said the estimated cost of staff time to monitor the program was approximately $80,000 to $120,000 over 15 years. Councilmember Anderson stated that the program did not seem to accomplish what Council intended. It was MOVED/SECONDED YOUNG/ANDERSON - to direct staff to come back to Council with other methods to invest the funds that might help achieve our lower income RHNA number needs. 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 announced a City Council workshop on December 11, 2014 at 4:00 p.m. for the West Bastanchury site. He said that a Technical Assistance Panel of volunteers from ULI (Urban Land Institute) would provide and oral report followed by City Council and staff questions along with public comments. City Manager Pulone commented on two new businesses which opened at Savi Ranch: the Costco gas station and buybuy Baby. Mr. Pulone encouraged the public to visit the new businesses wished them both much success. Mayor Pro Tem Hernandez said that he attended both the Richard Nixon Library and the Veterans Park Veterans Day events. Mr. Hernandez stated that both were excellent events. Mayor Pro Tem Hernandez also spoke about the Orange County Fire Authority Board of Directors had voted to appoint Jeff Bowman as the new Fire Chief. Mayor Pro Tem Hernandez reported on the Yorba Linda Water District board and said the State is in a significant drought and encouraged the public to conserve water. PAGE 6

7 Councilmember Anderson congratulated newly elected Council Tom Lindsey and Peggy Huang. Councilmember Anderson announced that due to a family commitment, he would be out of town during the next Council meeting and said that tonight would be his last meeting. Mr. Anderson spoke about his service on the Traffic Commission and the Blue Ribbon Committee and his two terms on the City Council. He said that some of his time on Council was trying times as the Freeway Complex Fire in 2008, followed by the greatest recession since the Great Depression. He thanked all of the City employees for their support especially with furloughs. Mr. Anderson also spoke about some of his greatest accomplishments including Measure Y, the Ethics Ordinance and the police services contract with the Orange County Sheriff s Department, saving the City $2 million a year. Councilmember Anderson thanked the public, staff and his fellow Council for their support during his service on the City Council. Councilmember Lindsey asked Public Works Director/City Engineer Michael Wolfe to address the recent water incident on Yorba Linda Boulevard. Public Works Director/City Engineer Wolfe said that an active water line was damaged the prior week during excavation on Yorba Linda Boulevard in front of the Brandywine development across the street from the Richard Nixon Library. Mr. Wolfe stated that the Yorba Linda Water District responded within a few minutes and turned off the water and completed repairs in less than two hours. Councilmember Lindsey spoke regarding the Veterans Day event at Veterans Park and said that it was a touching event and encouraged the public to attend every year. Councilmember Lindsey congratulated Councilmember Anderson on his 12 years of service to the community and wished him and his family the very best in the future. Mayor Young reported on the Orange County Vector Control and said the West Nile Virus was still a danger in the community and encouraged everyone to be careful. Mayor Young spoke about the Transportation Corridor Agency which is made up of the Foothill/Eastern Transportation and the San Joaquin Hills Transportation Corridor Agencies. He said that last year the agency went through the largest bond refinance in the nation making both of those agencies much stronger financially. RECESS: Mayor Young called a recess at 7:27 p.m. and reconvened the meeting at 7:35 p.m. ADMINISTRATIVE REPORTS 11. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING PAGE 7

8 Community Development Director Steve Harris gave a brief overview of the actions taken by the Planning Commission at their November 12, 2014 meeting. It was MOVED/SECONDED HERNANDEZ/SCHWING - to receive and file the report. MOTION CARRIED by the following roll call vote: BLACK GOLD GOLF CLUB FISCAL YEAR IN REVIEW Parks and Recreation Director Bill Calkins gave a brief introduction of the accomplishments of the Black Gold Golf Course. Black Gold Golf Course General Manager Russ Onizuka provided a PowerPoint presentation and gave an overview of the staff report and responded to Council questions. Richard de Bruijn, resident, said he would like to see the real deprecation numbers of the golf course. Eddy Jackson, resident, suggested advertising the Black Gold Golf Course in the Parks and Recreation guide to inform the community of their amenities. Council discussion ensued. It was MOVED/SECONDED YOUNG/SCHWING - to receive and file the report. MOTION CARRIED by the following roll call vote: 13. UNITED STATES MARINE CORPS FORMAL ADOPTION PROGRAM Assistant to the City Manager Mark Aalders provided a video presentation and gave an overview of the staff report and responded to Council questions. Major Kirk Johnson spoke about the program and answered questions from Council. It was MOVED/SECONDED LINDSEY/HERNANDEZ to direct staff to bring the matter back at the next City Council meeting for formal adoption and to reach out to the community for resources and assistance. Bridget Blehm, resident, explained how the program works and said they have a fabulous organization of volunteers as well as an advisory board. She stated that she would be honored to help in any way she can. PAGE 8

9 Carolyn Walters, Anaheim 13 th Marine Expeditionary Unit Adoption Committee Member, also spoke about the program and said it was citizen-run based and would not be a big expense to the city. MOTION CARRIED by the following roll call vote: 14. PROPERTY ASSESSED CLEAN ENERGY HOME ENERGY RENOVATION OPPORTUNITY PROGRAM Assistant to the City Manager Aalders gave an overview of the staff report and responded to Council questions. Dustin Reilich, HERO Program Coordinator, provided a background as well as a general overview of the requirements and steps of the program and responded to questions from the Council. Jon Hanson, resident, said he had never heard of the program and had questions regarding fiscal impacts to the City and whether it was subsidized by the State or Federal government. Council discussion ensued. It was MOVED/SECONDED LINDSEY/HERNANDEZ - to approve participation in the program and direct staff to incorporate the City Attorney recommendations regarding indemnification, insurance required on behalf of WRCOG and additional language on liability into the Amendment to Joint Powers Authority. MOTION CARRIED by the following roll call vote: Anderson, Hernandez, Lindsey, Schwing Young RECESS: Mayor Young called a recess at 9:06 p.m. and reconvened the meeting at 9:11 p.m. 15. BASTANCHURY ROAD WIDENING FROM EUREKA AVENUE TO LAKEVIEW AVENUE PROJECT UPDATE Public Works Director/City Engineer Michael Wolfe gave an overview of the staff report and responded to Council questions. Lee Day, resident, spoke regarding the widening of Bastanchury Road and undergrounding of telephone poles. PAGE 9

10 Richard de Bruijn, resident, inquired on behalf of a colleague about the timeline for the Loma Vista Nursery right of way. Pat Nelson, resident, suggested that developers could pay the cost of undergrounding utilities. Ms. Nelson also commented that speeding was prevalent on that stretch of road. It was MOVED/SECONDED YOUNG/SCHWING - to direct staff to continue moving forward with the Bastanchury Road widening project (Eureka Avenue to Lakeview Avenue) to include right-of-way acquisition. MOTION CARRIED by the following roll call vote: 16. LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) LANDSCAPE MODIFICATIONS PILOT PROGRAM Public Works Director/City Engineer Wolfe gave an overview of the staff report and responded to Council questions. Kay Dotson, resident, spoke in support of the pilot program. Jon Hanson, resident, inquired about the City s return on its investment. It was MOVED/SECONDED YOUNG/HERNANDEZ - to direct staff to focus only on the Savi Ranch area and to approve the development and release of a RFP seeking proposals from companies who have grants associated with them. MOTION CARRIED by the following roll call vote: OTHER BUSINESS 17. COIN ORDINANCE (YOUNG) Mayor Young stated that he would like to continue discussion on this item after his fellow colleagues have reviewed the ACC-OC Labor Negotiation Strategies and Principles and had time to research what other cities have done before deciding on what fits best for Yorba Linda. 18. DISCUSSION AND DIRECTION TO CONSOLIDATE CITY APPOINTED COMMISSION AND COMMITTEE TERMS OF OFFICE WITH CITY COUNCIL ELECITON DATES (YOUNG) Mayor Young asked to hear comments from the public before proceeding with Council discussion. PAGE 10

11 The following persons spoke regarding terms of office of Commission and Committee members and voiced their opinions on the matter: Ken Peterson, Jan Horton, Stewart Rixson, Pat Nelson, Jon Hanson, Kay Dotson, and Terri Memole Council discussion ensued. A MOTION was MADE by MAYOR YOUNG to direct staff to change the current Commission and Committee terms, and revise the ordinance language to a two year term renewable for six (6) terms that will coincide with election terms. Mayor Young said that Council members potentially change every two years and would like the new elected officials to have the opportunity to review Commission applications to become acquainted with them through the interview process. MOTION DIES for lack of second. It was MOVED/SECONDED ANDERSON/SCHWING - to table the item. MOTION FAILED by the following roll call vote: Anderson, Schwing Hernandez, Lindsey, Young It was MOVED/SECONDED HERNANDEZ/LINDSEY - to direct staff to change the current Commission and Committee terms to four year terms with three term limits and that at least two members would serve an initial two-year term. Councilmember Schwing commented that all Commission and Committee members serve at the pleasure of the Council and can be removed at any time. Mr. Schwing also said that the system works and Council should not make any changes. Mayor Pro Tem Hernandez AMENDED THE MOTION/SECONDED BY LINDSEY - to have Council review the first two-year term appointments and that the Commission and Committee members who have served the longest, consider accepting the first two-year term. Council discussion ensued. Councilmember Anderson stated that he was not in support of the motion because all of the items proposed were already in place. He agreed with Councilmember Schwing that the system was not broken and that Council could remove a Commissioner at any time. PAGE 11

12 MOTION CARRIED by the following roll call vote: Hernandez, Lindsey, Young Anderson, Schwing ADJOURNMENT Mayor Young adjourned the meeting at 10:29 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on December 2, APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: /s/ Marcia Brown, City Clerk City of Yorba Linda December 2, 2014 PAGE 12