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 AUGUST 4, 2015 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: 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 LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section (d)(2) (2 cases) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section (d)(1) (1 case) Name of Case: Protect Our Homes and Hills et. al. v. City of Yorba Linda et. al. Case Number: CU-TT-CXC, Superior Court, County of Orange City Attorney Todd Litfin stated that as consistent with previous practice, Councilman Lindsey would be recusing himself because he has a potential conflict under Government Code section for this matter. PAGE 2

3 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 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 Brantley, Brown, Kudron, Lagaret, Leung, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE Chief of Police Services, Lt. Lane Lagaret INVOCATION Pastor Cliff Samson, First Baptist Church of Yorba Linda CLOSED SESSION REPORT City Attorney Litfin said there was no reportable action on the Closed Session items. INTRODUCTIONS & PRESENTATIONS RECOGNITION OF MILITARY VETERANS Mayor Hernandez presented certificates of recognition to the following military Veterans: Irvin Frances, David R. Johnson, Mike Lago, Dale Lelli, John Thomas Maple, and Colonel Richard L. Watson for their courageous service to our country to preserve the heritage of our great nation. Colonel Watson thanked Council for the accolade, but really wanted to express thanks to all the men and women that worked hard at home to provide the equipment to the United States military during the war, and to those that fought in the trenches. PAGE 4

5 PUBLIC COMMENTS Kay Dotson, resident, inquired about the City s tree-trimming schedule and said that her neighbors to the east have overgrown City trees encroaching on their properties. She also asked that the new dog waste station along the Dominguez Ranch Road Trail be relocated due to it being a public disturbance. Richard DeBrujin, resident, voiced his opinions about the Yorba Linda Prospect development and the Yorba Linda Water District s proposed water rate increases. Randy Kuroda, resident, provided Council and staff with a handout and said the vacation of easement along Paseo De Las Palomas and Village Center Drive would not be in conformance with the General Plan. Jeff Decker, resident, spoke about the Yorba Linda Water District s water and sewer operating budget, salary and water rate increases, and voiced his opinions on the matter. Julia Schultz, resident, voiced her concerns about the Yorba Linda Water District s proposed water rate increases and the lack of notification to the community about the upcoming escalation. City Attorney Litfin stated that the Yorba Linda Water District is a separate governmental entity authorized under certain government code sections, and that the City has no control or supervision over them. Lee Day, resident, provided tips on how to calculate service rate increases accumulated over the years and voiced her opinion on the matter. CONSENT CALENDAR Councilmember Huang pulled Item No. 14 from the Consent Calendar. It was MOVED/SECONDED YOUNG/SCHWING - to approve the Consent Calendar with removal of Item No. 14. 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 5

6 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 JULY 21, 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 July 21, 2015 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 4. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS - LA PALMA AVENUE ROADWAY IMPROVEMENTS FROM WEST CITY LIMITS TO CAMINO DE BRYANT PROJECT The City Council approved the plans and specifications for the La Palma Avenue Roadway Improvements from West City Limits to Camino De Bryant; and authorized the advertising of bids for the project contingent upon receipt of the Authorization to Proceed (E-76) document from Caltrans; and authorized the City Engineer to approve minor revisions to the plans and specifications as necessary to provide for efficiencies during the advertisement and construction period. 5. ADOPTION 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 The City Council adopted 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. 6. ADOPTION OF ORDINANCE NO , APPROVING ZONING CODE AMENDMENT , TO AMEND THE 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 The City Council adopted Ordinance No , approving Zoning Code Amendment , to amend the 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. PAGE 6

7 7. APPROVAL OF FINAL PARCEL MAP NO , SCEL PROPERTIES LLC The City Council approved final Parcel Map No , and authorized the City Clerk to certify the record map upon completion of any minor technical corrections required by the City Engineer. 8. APPROVAL OF FINAL PARCEL MAP NO , LUCIA KUST PARK, TOLL BROTHERS INC. The City Council approved final Parcel Map No , and authorized the City Clerk to certify the record map upon completion of any minor technical corrections required by the City Engineer. 9. APPROVAL OF FINAL TRACT MAP NO AND ACCEPTANCE OF SUBDIVISION IMPROVEMENT AGREEMENT AND BONDS, BRANDYWINE HOMES DBA PROVENCE GROUP, LLC The City Council 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 authorized the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement, and authorized the City Clerk to accept the following bonds: Public Improvement Performance Bond, No. PB , $107,000.00; Public Improvement Labor and Material Bond, No. PB , $107,000.00; and Subdivision Monument Bond, No. PB , $2, TEMPORARY STREET CLOSURES ON TUCANA STREET AND MEADOWVIEW DRIVE The City Council approved Southern California Edison's request to conduct temporary street closure for rear property pole replacements on Tucana Street and Meadowview Drive. 11. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. 12. CONTRACT AWARD - VIDEO BROADCASTING AND RECORDING PROFESSIONAL SERVICES - EVERETT HAMBLY The City Council approved the agreement with Everett Edward Hambly IV (Independent Contractor) for the provision of video broadcasting and recording professional services. 13. DEMOLITION REQUEST FOR ORIENTE DRIVE The City Council approved the demolition permit request for Oriente Drive. 14. Removed PAGE 7

8 15. NOTICE OF COMPLETION FOR THE ZONE 6 FISCAL YEAR ANNUAL PAVEMENT PRESERVATION PROGRAM ITEM 14 The City Council accepted the Zone 6 Fiscal Year Annual Pavement Preservation Program; authorized the City Clerk to file a Notice of Completion with the County Recorder; and authorized the retention monies to be paid when appropriate to do so. End of Consent Calendar RESOLUTION NO , DECLARING SUPPORT FOR THE EFFORTS OF THE COUNTY OF ORANGE TO DEVELOP A REGIONAL YEAR-ROUND HOMELESS EMERGENCY SHELTER AND MULTI-SERVICE CENTER Councilmember Huang stated that she was reluctantly in favor of a homeless shelter being on the border of Yorba Linda, but would vote for the emergency shelter to ensure care for residents in difficult times. It was MOVED/SECONDED HUANG/SCHWING - to adopt Resolution No , declaring support for the efforts of the County of Orange to develop a regional year-round homeless emergency shelter and multi-service center. 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 said that he was pleased to announce the appointment of Mike Kudron as the new Parks and Recreation Director. He stated that he has a wealth of knowledge and experience that will serve the City well. He said that he was elated to add Mr. Kudron to the Management Team. Mayor Pro Tem Lindsey mentioned 11 year old Yorba Linda resident Tyler Armstrong, the youngest to climb several peaks with a goal to climb Mt. Everest next year. Mr. Lindsey said that Tyler wants to raise money for CureDuchenne, to spread awareness for his friends and all those that suffer from the Duchenne muscular dystrophy disease. He stated that more information about the cause can be found at the following website: crowdrise.com/climbtocureduchenne. Mayor Hernandez attended the Taste of Yorba Linda event hosted by the Chamber of Commerce and commended the Chamber on a wonderful turnout. PAGE 8

9 Mayor Hernandez announced that the Yorba Linda Water District is hosting a Water Conservation Workshop along with the Fullerton Arboretum on Tuesday, August 11, 2015 from 6:30 p.m. to 8:00 p.m. at the Yorba Linda Community Center. Mayor Hernandez notified the public of the Flag Raising Ceremony that is held at Veterans Park every Thursday at 6:00 p.m. Mayor Hernandez spoke about the Vehicle Code ordinance and lack of enforcement. He directed staff to bring the item back for Council discussion. ADMINISTRATIVE REPORTS 16. REPORT OF TRAFFIC COMMISSION ACTIONS FROM THEIR LAST MEETING Public Works Director/City Engineer Wolfe gave a brief overview of the actions taken by the Traffic Commission at their July 23, 2015 meeting. 17. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING Principal Planner David Brantley gave an overview of the actions taken by the Planning Commission at their July 29, 2015 meeting. 18. COIN DISCUSSION STATUS OF COIN LITIGATION City Manager Pulone gave a brief overview of the Civic Openness In Negotiations (COIN) status with the County. City Attorney Litfin spoke regarding the litigation between the Orange County Employees Association and the County of Orange and said that a ruling was issued that the County violated State law by failing to meet and confer with its union before adopting the COIN ordinance. He said there was no word yet on whether the Board of Supervisors planned to appeal the ruling. City Manager Pulone suggested continuing the item until staff could gather further information about the County s status regarding the COIN litigation. Council discussion ensued. Mayor Hernandez directed staff to continue the COIN discussion to the next regularly scheduled meeting. 19. TRUEBLOOD/JANEWAY HOUSE UPDATE Economic Development Manager Pam Stoker gave an overview of the staff report and responded to Council questions. PAGE 9

10 Julia Schultz, resident, said that Spectra Company was the most viable firm and recommended that staff contact them to restore the Trueblood/Janeway house, and not prolong the matter any further. It was MOVED/SECONDED YOUNG/HUANG - to direct staff to re-issue Request for Proposals and to re-open to prior organizations to consider a partnership with the City to rehabilitate the Trueblood/Janeway home; and to allow for sale of the property to an interested party with certain conditions and constraints to renovate the home to historic standards. A brief Council discussion ensued regarding funding. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young RECESS: Mayor Hernandez called a recess at 7:59 p.m. and reconvened the meeting at 8:08 p.m. 20. WATER CONSERVATION UPDATE - AUGUST 4, 2015 REPORT City Manager Pulone stated that staff will continue to update the Council on the progress made to reduce the water consumption in the City relative to the State of California mandates. The following people voiced their opinions about the water conservation mandates imposed by the State and the Yorba Linda Water District management and proposed water rate increases: Rosemary Bushey, Julia Schultz, Jeff Decker, Patrice Painter, Frank Ramirez City Manager Pulone informed the public that the City is working on a Long Range Plan with a landscape architect to create a drought tolerant plant palate, and will return to Council once the proposal is complete. 21. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) MAINTENANCE LOCATION GUIDELINES Mayor Hernandez asked staff to combine Item Nos. 22 and 23 being that the discussions both relate to the Landscape Maintenance Assessment District. City Attorney Litfin gave a brief explanation of a Proposition 218 vote and said that it only applies when a City is raising fees or assessments. Mr. Litfin stated that the discussions tonight relate to the removal of certain landscape areas. PAGE 10

11 City Manager Pulone gave a brief overview of the staff reports for Item Nos. 22 and 23, and said that although the items are similar in nature, he asked that Council vote on them separately. Public Works Director/City Engineer Wolfe gave an overview of the LMAD Maintenance Location Guidelines regarding the current issues consisting of the financial aspect, underfunded zones, long term solutions, and a paradigm shift for water use. He said that the City can decrease expenditures or raise revenues, bid out maintenance contracts, monitor water use, or go to a Proposition 218 vote. He recommended that Council approve the guidelines and have staff review and prioritize all Zones along with public outreach and review by the LMCAC before bringing the recommendations back to Council. Kay Dotson, resident, congratulated staff on fair and consistent guidelines and stated that Homeowner Association s that maintain significant amounts of public rights-of-ways should be given a credit. Susan Janowicz, Eastlake Village General Manager, said that the citizens of Eastlake request that the City hold a Proposition 218 vote on their landscape maintenance districts, so they can decide whether they want to pay more for the City to continue to maintain those areas. Ms. Janowicz also asked that Council postpone a vote on establishing a policy guideline until the citizens are provided a 218 vote. The following people spoke in favor of a Proposition 218 vote and that the City continue maintaining the Eastlake Village landscape maintenance assessment areas: Bridget Blehm, Doria Hai, Susan Dexter, Zhi Min Bai, Dave Ryan, Hai Lin, Jinyan Liu, Steve Sanfilippo, Unknown Speaker, Marissa Mallory, Susan Decker, Vincent Nyguen, Rhamnik Rajan, Unknown Speaker The following people submitted speaker cards and did not speak but declared for the record that they were in favor of a Proposition 218 and that the City continue maintaining the Eastlake Village landscape maintenance assessment areas: Pochang Shih, Joanne Tang, Qing Sheng Tang, Hong Li, Ning Liu, Jing Jing Li, Cheng Yu Wu, Jeff Jones, Terri Mohlman, Jennifer Segura, Le Mandel, Dan Mandel, Teresa Chau, Chris Chau, and ShenJie Lin Walter Bruckner, resident, said that he is one of the original Eastlake Village owners and suggested an audit for the Eastlake Village area to grasp how the money is spent. He also explained his interpretation of a Proposition 218 vote. RECESS: Mayor Hernandez called a recess at 9:11 p.m. and reconvened the meeting at 9:18 p.m. PAGE 11

12 The following people spoke in favor of a Proposition 218 vote and that the City continue maintaining the Eastlake Village landscape maintenance assessment areas: Doug Harmon, Larry Aguilar, Larry Bushey, Frank Ramirez, Jeff Leinen, George Rojek, Unknown Speaker, Mary Leaf, Greg Gianelli, Tony Gionotto, and Judy Murray Randy Kuroda, resident and Landscape Maintenance Citizen Advisory Committee member, stated that he would like to review the proposed LMAD maintenance location guidelines before it is approved by Council. He also requested that someone from the Community Development Department attend the next LMCAC meeting to answer any questions the committee might have regarding these particular zones. Dick Camparsien, resident, asked for a map of the landscaping areas that the City intends to vacate, and that Council continue the item until the residents are clear of the City s intentions. Bill Schuler, resident and LMCAC member, asked Council to continue the LMAD guideline discussion until the LMCAC members have reviewed the proposed LMAD maintenance location guidelines. A lengthy discussion ensued with Council, staff, and Ms. Janowicz. It was MOVED/SECONDED LINDSEY/SCHWING to continue the discussion of the Landscape Maintenance Assessment District s Maintenance Location Guidelines and Prior City Council Direction to allow the Landscape Maintenance Citizen Advisory Committee (LMCAC) time to review staff s recommendations prior to consideration by the City Council. Council discussion ensued with staff, Ms. Janowicz and Chair of the LMCAC Gianelli. Councilmember Huang stated that Eastlake Village residents have the benefit of a Homeowner s Association (HOA), and said that if the HOA took over the easements then the residents would have all of the things they spoke about as maintaining control, keeping the beauty of the area and knowing exactly where their money is going. She said that government should not be involved in this type of decision and suggested that the residents take control of their current and future maintenance responsibilities. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Lindsey, Schwing, Young Huang PAGE 12

13 22. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) PRIOR CITY COUNCIL DIRECTION Item No. 23 taken in conjunction with Item No. 22. OTHER BUSINESS 23. RESOLUTION IN SUPPORT OF PROPOSITION 13 (HERNANDEZ) It was MOVED/SECONDED HERNANDEZ/HUANG - to support and adopt a resolution to honor Proposition 13 for the benefits it provides to individual homeowners, renters, local governments and to the state s overall economy. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young ADJOURNMENT Mayor Hernandez adjourned the meeting at 11:20 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on August 18, APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: Marcia Brown, City Clerk City of Yorba Linda PAGE 13